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HomeMy WebLinkAbout20090199.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant i JLW Investment LLC Case Number USR-1679 Submitted or Prepared Prior to At Hearing Hearing N. \ N N N N N N v N N N 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate X Surrounding Property / Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Weld County Sheriffs Office referral received 10/21/2008 X Colorado Division of Wildlife referral received 11/12/2008 4 Referrals with comments X Weld County Department of Public Health and Environment referral received 11/17/2008 (4 pages) X Weld County Department of Public Health and Environment referral received 12/16/2008 Department of Public Works referral received 11/13/2008 (2 pages) X Weld County Zoning Compliance Officer referral received 10/15/2008 (2 pages) X Weld County Department of Building Inspection referral received 11/14/2008 X Colorado Department of Transportation referral received 11/12/2008 X 5 Surrounding Property Owners/Mineral Owners - Letters ki/4 6 PC Exhibits 6A Sign posting affidavit (j jg j w / (' vq,,) X 6B Well Permit X 6C Department of Planning Services memorandum to Planning Commission X on I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman Planner 2009-0199 • LAND USE APPLICATION SUMMARY SHEET • • Case Number: USR-1679 Applicant: JLW Investment, LLC (Jesse White) 351 Glencoe Street, Denver, CO. 80220 Hearing Date: January 6, 2009 Representative: Lamp Rynearson & Associates - Brad Curtis 808 South 8th Street, Greeley, CO 80631 Situs Address: 33525 State Highway 392, Gill, CO. 80624 Request: A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural) Zone District. Legal Description: Lot B of RE -748, located in part of the NE4 of Section 18, T6N, R63W of the 6th P.M., Weld County, CO Location: North of and adjacent to State Highway 392 and approximately 1/4 mile East of County Road 61 Size of Parcel: 44 +/- acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: ➢ Weld County Code Compliance, referral dated 10/15/2008 ➢ Weld County Department of Building Inspection, referral dated 11/14/2008 ➢ Weld County Sheriffs Office referral received 10/21/2008 ➢ Weld County Department of Public Works, referral received 11/17/2008 ➢ Weld County Department of Public Health and Environment, referral dated 11/17/2008 ➢ Colorado Department of Transportation, referral dated 11/6/2008 ➢ State of Colorado, Division of Wildlife, referral dated 11/12/2008 The Department of Planning Services' staff has not received responses from the following agencies: ➢ State of Colorado, Oil & Gas Conservation Commission ➢ Galeton Fire Protection District EXHIBIT i • 11`k COLORADO Planner: Chris Gathman Case Number: USR-1679 Applicant: JLW Investment, LLC (Jesse White) 351 Glencoe Street, Denver, CO. 80220 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Hearing Date: January 6, 2009 Representative: Lamp Rynearson & Associates - Brad Curtis 808 8th Street, Greeley, CO 80631 Situs Location: Request: Legal Description: • Location: Size of Parcel: 33525 State Highway 392, Gill, CO. 80624 Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District. Lot B of RE -748, located in part of the NE4 of Section 18, T6N, R63W of the 6th P.M., Weld County, CO North of and adjacent to State Highway 392 and approximately 1/4 mile east of County Road 61 44 +/- acres Parcel Number: 0799 18 000021 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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 22-1-140.8 EP Goal 2 states: "Mineral resource exploration and production waste facilities should be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise and visual pollution." • • • • Section 22-1-140.8.1 EP Policy 2.1 states: "In reviewing the operational and reclamation plans for solid and brine waste disposal facilities, the County should impose such conditions as necessary to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources." The injection well facility has been reviewed by the Colorado Division of Wildlife which, in their referral dated November 12, 2008, indicated no conflicts with their interests. Development Standards and Conditions of Approval will ensure compatibility with existing surrounding land uses. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility is located approximately 500-600 feet from three existing residences within the platted townsite of Barnsville and approximately 250-300 feet north of an existing residential lot. Unimproved parcels are located to the north and east of the site. An agricultural parcel is located to the south (across State Highway 392). Development Standards and Conditions of Approval will ensure compatibility with existing surrounding land uses. The applicant is proposing to haul predominately during daylight hours. The application limits the total number of truck to 30 per day (any further increase in trips will require CDOT approval) and will be accessing the site via a State Highway. Development Standards and Conditions of Approval will mitigate impacts and ensure compatibility with existing 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 does not lie within the three mile referral area of any municipality and/or county. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County- wide Road Impact Fee Area and the Capital Expansion Impact Fee Area. 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). 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. (Ordinance 2005-8 Section 5-8-40) 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. The site is classified as "Irrigated Land - Not Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 site is currently in violation (ZCV08-00110) if this Use by Special Review application is approved and the plat is recorded the property will be in compliance. If denied, all commercial equipment and improvements shall be removed from the property, otherwise, the violation case will proceed accordingly. A community meeting was not held for this application. However, the applicant (Jesse White) has indicated that he has had discussions with the neighboring property owners immediately to the west in regards to this use with the exception of a property that was recently foreclosed. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1679 (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Landscape Plan. (Department of Planning Services) 3) Seventy -Feet (75 -feet) from the centerline of State Highway 392 shall be indicated on the plat. (Colorado Department of Transportation) 4) The approved Lighting Plan. (Department of Planning Services) 5) Minimum radiuses for access shall be sixty (60) feet. (Department of Public Works) D. All required Air Emissions Permits must be filed with the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department of Public Health and Environment for review and approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment for review and approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall submit evidence to the Weld County Departments of Public Health and Environment and Planning Services, from the Colorado Division of Water Resources, demonstrating that the water supply well is appropriately permitted for the commercial use. (Department of Public Health and Environment) • • • H. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in their referral response dated November 13, 2008. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) The applicant shall enter into on -site (private) road maintenance agreement and post adequate collateral for access, drainage and landscape/screening improvements. The agreement and form of collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Or the applicant may submit evidence that all work has been completed and approved by the Departments of Public Works and Planning Services. (Departments of Public Works and Planning Services) J. The applicant shall submit a Landscape and Screening Plan to the Department of Planning Services for review and approval. The landscape plan shall address screening of the facility from the residences to the south and west of the site. (Department of Planning Services) K. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting requirements in accordance with Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved lighting plan shall be indicated on the plat. (Department of Planning Services) L. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners/operators stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) M. 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) 2. 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 sixty (60) 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) 3. 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(@co.weld.co.us. (Department of Planning Services) 4. Prior to final approval of pending building permits: A. A concrete secondary containment structure (floor and walls) surrounding each tank or battery of tanks shall be constructed. The volume retained by the structure shall be 150% greater than the volume of the largest tank inside this structure. A registered professional • • • engineer shall design the structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area. The operator shall provide evidence from the engineer to the Weld County Department of Public Health and Environment (WCDPHE) indicating that the structure has been constructed to meet this criterion. The Department will consider structures other than those constructed of concrete so long as a registered professional engineer provides a certification indicating that the proposed structure meets or exceeds the expected functionality of a concrete structure in regard to containment, spills, unintended releases, etc. B. A detailed design of the receiving area and containment system shall be submitted to WCDPHE for review and approval. The receiving area shall be concrete, include a chemical resistant coating, and shall be able to contain all spilled wastes, stormwater, wash down water, and the volume of 150% of the largest truck/container disposing at the facility. The design shall also include the method in which seams/cracks will be sealed to prevent leakage through the pad. The receiving area and containment system shall be constructed and operated in accordance with the approved design.. (Department of Public Health and Environment) C. The applicant shall submit evidence to the Weld County Departments of Public Health and Environment and Planning Services and the Colorado Oil and Gas Conservation Commission that the facility was constructed in accordance with the application materials. (Department of Public Health and Environment) D. A copy of the drilling log shall be submitted to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) E. An individual sewage disposal system (I.S.D.S.) permit is required for sewage flow from the proposed operations building. The system must be designed by a Colorado Registered Professional Engineer and in accordance with Weld County I.S.D.S. regulations. The design must be submitted to the Weld County Department of Public Health and Environment for review and approval prior to installation. (Department of Public Health and Environment) F. Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed plan that describes the method those solids will be removed, including all on -site handling procedures and disposal. Any amendments to the approved plan shall be submitted in writing to the Weld County Department of Public Health and Environment for approval.. The plan shall be reviewed and approved by the Department of Public Health and Environment. (Department of Public Health and Environment) G. A detailed closure plan shall be submitted to the Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The closure plan shall include a description of the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. (Department of Public Health and Environment) H. The facility shall post financial assurance with the Colorado Oil and Gas Conservation Commission (COGCC). The financial assurance shall be adequate to cover a third -party closure of the facility, including the plugging and abandonment of the well, in accordance with industry standards, and the removal of all structure (including concrete) on the facility. The site shall be returned to its original grade. In the event the COGCC does not have the authority to require financial assurance for the entire cost required for third -party closure, the facility shall post the remainder of the financial assurance with Weld County. The facility shall submit evidence to the Weld County Departments of Public Health and • • • Environment and Planning Services that the appropriate financial assurance has been obtained. (Department of Public Health and Environment) The applicant shall submit evidence to the Weld County Department of Public Health and Environment, Weld County Planning Services and the Colorado Oil and Gas Conservation Commission (COGCC) that the facility was constructed in accordance with application materials.. (Department of Public Health & Environment) 6. Prior to the Release of Building Permits for any future construction, alterations or change of occupancy: A. A building permit shall be obtained prior to the construction of any new building, tanks or support facilities. (Department of Building Inspection) B. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) C. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following codes have been adopted by the County and are being enforced: The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy Conservation Codes, and the 2008 National Electrical Code. (Department of Building Inspection) D. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) E. A letter from the Galeton Fire Protection District shall be submitted indicated whether or not a permit will be required from the fire protection district. (Department of Building Inspection) • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS JLW Investment, LLC USR-1679 1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility and solids recovery system) in the A (Agricultural) Zone District 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. (Department of Planning Services) 3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. (Department of Public Health and Environment) 5. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed, maintained and operated in compliance with all provisions of the Weld County Code, pertaining to I.S.D.S. (Department of Public Health and Environment) 6. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of Public Health and Environment) • 7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is permitted. Any changes from the approved Class II use would require an amendment to this Special Review permit. (Department of Public Health and Environment) 8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law. (Department of Public Health and Environment) 9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as measured according to Section 25-12-103, CRS. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 11. All chemicals stored on -site must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 12. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air permits issued by the Colorado Department of Health and Environment Air Pollution Control Division. (Department of Public Health and Environment) 13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on the pad. At a minimum, the pad shall be washed daily, with a jet hose to remove any waste build-up. During winter months, the facility shall maintain the unloading pad free of ice. (Department of Public Health and Environment) • 14. • • • Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Health Services Division. The Division reserves the right to require additional, more extensive monitoring at a later date. (Department of Public Health and Environment) 15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and all applicable Weld County Code. (Department of Public Health and Environment) 16. Any liquid or 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) 17. Any petroleum -contaminated soils on the facility shall be removed, treated or disposed in accordance with all applicable rules and regulations. (Department of Public Health and Environment) 18. 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. (Department of Public Health and Environment) 19. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health and Environment) 20. All storm water, which has come into contact with waste materials on the site, shall be confined on the site. In the event that storm water is not adequately controlled on the site, upon written notification from the Weld County Department of Public Health and Environment or the Colorado Department of Public Health and Environment, a comprehensive site -wide storm water plan shall be developed and implemented. The plan must be approved, in writing prior to implementation by the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 21. All contaminated soils shall be stored on an impervious surface where any stormwater that comes into contact with the soils would be contained. (Department of Public Health and Environment) 22. The operation shall be comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 23. Minimum radiuses for the access shall be sixty (60) feet to accommodate large trucks. (Department of Public Works) 24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 25. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. (Department of Public Works) 26. The maximum number of employees employed at the site shall be two (2). (Department of Planning Services) 27. The maximum number of trucks currently permitted to access the site shall be thirty (30). Any • proposed increase in truck trips above thirty (30) per day will require written approval from the Colorado Department of Transportation. (Department of Planning Services) 28. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Residential Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas and Energy Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 29. Hauling hours shall be limited to 7:00AM until 7:00PM daily. (Department of Planning Services) 30. The Landscaping/Screening on site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 31. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto Adjacent properties where such would cause a nuisance or interfere with the Use on the Adjacent properties; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on Public or private Streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) • • 32. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County wide Road Impact Fee Program. (Department of Planning Services) 33. 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. (Ordinance 2005-8 Section 5-8-40) 34. 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) 37. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 38. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 39. Personnel from Weld County Government 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. (Department of Planning Services) 40. 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. (Department of Planning Services) 41. 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. (Department of Planning Services) • 11111De COLORADO • • December 12, 2008 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Bradley Curtis Lamp, Rynearson & Associates, Inc 808 8th St Greeley CO 80631 Subject: USR-1679- A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District on a parcel of land described as Lot B of RE -748; Part NE4 of Section 18, T6N, R63W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 6, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, North Weld Planning Department, 91810' Street, Greeley, Colorado. A subsequent hearing will be held on January 28, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner . iKertr. !Is • • October 14, 2008 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Bradley Curtis Lamp, Rynearson & Associates, Inc 808 8'h St Greeley CO 80631 Subject: USR-1679- Request for a Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District on a parcel of land described as Lot B of RE -748; Part NE4 of Section 18, T6N, R63 W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Planning Commission for their review and comments. Please call for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, `I Chris Gathman Planner V • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS December 27, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1679 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sign IDSignature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this IP day WITNESS my hand and official seal. bui), Notary Public My Commission Expires: id as I 0 • BILLIE J. MOORE NOTARY PUBLIC STATE OF COLORADO , 2009. EXHIBIT FIELD CHECK CASE NUMBER: USR-1679 DATE OF INSPECTION: II - /0 " OK APPLICANTS NAME: JLW Investment, LLC PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot B of RE -748; Part NE4 of Section 18, T6N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to State Highway 392 and approximately 1/4 mile east of CR 61. LAND USE: • • E TO -1 J yat,AAL) 4e.) f(Cicj(HLPS ��� m!4. le- /Ong St W Mt.titiTlw CO,4(4 c/15 IT 44i L.9 Si k ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: /1 li, u 9-1 ro.'<iele'r fro p,.J ii • -I- (n,.J.4 e 1-o e. 'M. f 1ho.14e< di Ed/ FIELD CHECK inspection dates: 12/24/2008 APPLICANT: REQUEST: LEGAL: LOCATION: JLW Investments, LLC CASE #: USR-1679 A Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II — Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District Lots B of RE -748; located in part of the NE4 of Section 18, T6N, R63W of the 6th P.M., Weld County, CO.of the 6th P.M., Weld County, Colorado North of and adjacent to State Highway 392 and approximately 1/4 mile east of County Road 61 PARCEL ID #: 0799 18 000021 ACRES: +/- 44 Acres N A Zoning Vacant parcel N E A E Vacant parcel S A S Agricultural Parcel (single-family residence to the SE) W A W Barnesville (platted lots and residences) COMMENTS: Tanks and guardhouse located on facility. There is an existing berm to the west of the facility. Existing access point onto State Highway 392. Several mature trees on south end of the site screening facility from State Highway 392. 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