HomeMy WebLinkAbout20080578.tiff INVENTORY OF ITEMS FOR CONSIDERATION
• Submitted
TARN E&P Holdings, LP Case Number USR-1628
d or Prepared
Prior to At
Hearing Hearing i
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
Legal Notifications X
N 2 Application X
Maps X
Deed/Easement Certificate
Surrounding Property/Mineral Owners X
Utilities
N 3 Referral List X
Referrals without comment X
City of Greeley referral received October 17, 2007
"' 4 Referrals with comments X
Weld County Department of Public Works referral received 10/10/2007 X
• Weld County Department of Public Health and Environment referral received X
10/22/2007(2 pages)
Weld County Department of Building Inspection referral received 10/18/2007 X
Weld County Zoning Compliance Officer referral received 9/19/2007 X
Colorado Department of Transportation(CDOT)referral received 10/9/2007 X
N' 5 Surrounding Property Owners/Mineral Owners -Letters
N 6 PC Exhibits
N 6A Sign posting affidavit ('.l,_@;`J unao.. Cow-443 ) X
N 6B Letter from Astrella&Rice PC dated November 26,2007(2 pages) X
6C Colorado Oil and Gas Commission regulations X
-7 Planning Commiccion Recoiution
I hereby certify that the 12 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
au:a .�� ►"_
Chris Gathman 4 Planner
• is
ttatiar
2008-0578
• Atic,
I Lo LAND USE
ON
SUMMARY SHEET
COLORADO
Case Number: USR-1628 Hearing Date: December 5, 2007
Applicant: TARH E&P Holdings c/o Tom Hellerich
Address: 5754 W. 11'h Street, Suite 101, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas
Production Facility(two oil and gas wells)in the R-1 (Low Density Residential)Zone
District
Legal Description: W2NE4SE4 of Section 23,Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Location: Approximately 1/4 mile north of County Road 66 and approximately'/ mile west of
County Road 35
Size of Parcel: +/-20 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 Department of Public Health and Environment, referral received 10/22/2007
• Weld County Department of Public Works, referral received 10/22/2007
• Weld County Department of Building Inspection, referral received 10/18/2006
• Weld County Code Compliance Officer, referral received 9/19/2007
• Eaton Fire Protection District, referral received 7/19/2006
• City of Greeley, referral received 10/17/2007
• Colorado Department of Transportation, referral received 10/9/2007
Referrals have not been received from the following Agencies:
• Oil & Gas Commission
• Eaton Fire Protection District
EXHIBIT
4111 USR-1628 TARH E&P Holdings LP Page 1 1
•
11119 C
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: C. Gathman
Case Number: USR-1628 Hearing Date: December 5, 2007
Applicant: TARN E&P Holdings c/o Tom Hellerich
Address: 5754 W. 11'"Street, Suite 101, Greeley, CO 80634
Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
production facilities(two oil and gas wells)in the R-1 (Low Density Residential)Zone
District
Legal Description: W2NE4SE4 of Section 23,Township 6 North, Range 66 West of the 6th P.M., Weld
County, Colorado
Location: Approximately 1/4 mile north of County Road 66 and approximately IA mile west of
• County Road 35
Parcel Size: +/-20 acres Parcel Number: 0805 25 200005
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 22-5-80.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. The tank battery site
is located outside the boundaries of this USR and is located on agricultural zoned
property. Tank batteries are a Use by Right in the A(Agricultural)Zone District and
therefore are not required to be addressed under this USR.
b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-110.D of the Weld County Code provides for oil
or gas production facilities as a Use by Special Review in the R-1 (Low Density
Residential)Zone District.
• USR-1628 TARH E&P Holdings LP Page 2
• c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. The use is located on vacant agricultural land. Sonny
View Estates subdivision is located approximately 600 feet to the north and east. The two
wellheads will be located adjacent to an existing wellhead.The nearest residence will be
located approximately 650-feet from the nearest wellhead site.
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 is not located within an urban growth area nor
intergovernmental agreement boundary. The site is located within the 3-mile referral area
for the City of Greeley. The City of Greeley, in their referral dated October 17, 2007
indicated no conflict with their interests.
e. Section 23-2-220.A.5 --The application complies with Section 23-5 of the Weld County
Code. The site lies within a floodplain as defined by FEMA. Any wellheads constructed
on site will be required to meet the requirements of Section 26-5-260-N of the Weld
County Code.
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 located
on land designated as"prime", however the wellhead facilities will take up a small portion
of the site and will not prevent agricultural production on the site.
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 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 in accordance with Section 23-2-260.D and shall be amended
as follows:
1) All sheets of the plat shall be labeled USR-1628. (Department of Planning
Services)
2) The type of easement/right-of-way accessing the site(if any)shall be identified.
(Department of Public Works)
• USR-1628 TARH E&P Holdings LP Page 3
• B. 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, Colorado Department
of Health and Environment. A deferment of 45 days for this requirement will be allowed to
give the applicant time to file their first production report. Alternately, the applicant can
provide evidence from the APCD that they are not subject to these requirements.
Evidence that this information has been received and approved by the Health Department
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
C. The applicant shall submit a dust abatement plan to the Weld County Department of
Public Health and Environment. Written evidence of Health Department approval shall be
provided to the Department of Planning Services. (Department of Public Health &
Environment)
D. The applicant shall address the requirements of the Colorado Department of
Transportation (CDOT)as stated in their referral response received October 9, 2007.
(CDOT)
E. The applicant shall vacate the portion of USR-599 located within the proposed boundaries
of USR-1565 utilizing the procedures outlined under Section 23-2-200.G of the Weld
County Code. (Department of Planning Services)
F. 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. and 2. 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)
3. One month prior to construction:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or noncontiguous land
disturbance is greater than or equal to one acre in area. Contact the Water Quality
Control Division of the Colorado Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
4. 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(tr�co.weld.co.us. (Department of Planning Services)
5. 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)
• USR-1628 TARH E &P Holdings LP Page 4
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
• not be recorded within the required sixty(60)days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
(Department of Planning Services)
•
• USR-1628 TARH E&P Holdings LP Page 5
SITE SPECIFIC DEVELOPMENT PLAN
• SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TARN E & P Holdings LP
USR-1628
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility
(two oil and gas wells) in the R-1 (Low Density Residential) 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. (Department of Planning Services)
3. The existing access from State Highway 392 shall be utilized. (Department of Public Works)
4. The easement shall be a graded or drained to provide all-weather access. (Department of Public
Works)
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
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. (Department of Public Health and Environment)
6. 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. (Department of Public Health and Environment)
7. Waste materials shall be handled,stored and disposed in a manner that controls fugitive dust,fugitive
particulate emissions, blowing debris, and other nuisance conditions. (Department of Public Health
. and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
9. The operations shall comply with all applicable State noise statutes and/or regulations.(Department
of Public Health and Environment)
10. Adequate toilet facilities(port-a-potty)shall be provided during drilling/construction. (Department of
Public Health and Environment)
11. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations. (Department of Public Health 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. Bottled water shall be provided for employees for drinking and hand washing during
drilling/construction. (Department of Public Health and Environment)
14. 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)
• USR-1628 TARH E&P Holdings LP Page 6
15. 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)
16. A building permit shall be obtained prior to the construction or placement of oil and gas equipment
on the site. (Department of Building Inspection)
17. 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 runoff. (Department of Public Works)
18. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
19. 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)
20. The applicant is required to comply with all Colorado Oil and Gas Conservation Commission
(COGCC) rules and regulations including drill pad construction, storm water controls, and
reclamation. (Department of Public Works)
21. The applicant is required to comply with the Weld County Code (Section 23-5 and 23-5-260-N)
requirements for anchoring oil and gas facilities located in floodplains and floodways where
applicable. (Department of Public Works)
22. 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)(Department of Planning Services)
23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
26. Weld County 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.
27. 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.
28. 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.
• USR-1628 TARN E&P Holdings LP Page 7
• •
DEPARTMENT OF PLANNING SERVICES
(itd NORTH OFFICE
918 10Th Street
. GREELEY, CO 80631631 PHONE: (970) 353-61O0, Ext. 3540
' FAX: (970) 304-6498
111k.
COLORADO
September 19, 2007
Ogilvy Irrigating &Land Co.
c/o Thomas Hellerich
TARH E&H Holidings, L.P.
5754 W 11th St, Ste 101
Greeley CO 80634
Subject: USR-1628- Request for a Site Specific Development Plan and a Special Review Permit for oil and gas
production facilities(two oil and gas wells)in the A(Agricultural)Zone District.on a parcel of land described
as W2NE4SE4 of Section 23,T6N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for December 4, 2007, at 1:30 p.m. This meeting will take place in the
Hearing Room, Weld County Planning Department, 918 10m Street, Greeley, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. 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 shall provide the Weld County Planning Department with written
certification indicating the above requirements have been met.
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 Greeley Planning Commission for their review and comments. Please
call Greeley at 970-350-9770 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 Greeley Planning Commission meeting to answer any questions
the Commission members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten 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. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
StL ( c"
Chris Gathman
Planner
•
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS November 24, 2007. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY 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-1628 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
CHRIS GATHMAN
Name of Person Posting Sign
✓� L Cv�
•
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD ) ( I
The foregoing instrument was subscribed and sworn to me this /5 day ot�J , 2000.
WITNESS my hand and official seal.
Ld,to,
Notary Public BILLIE J. MOORE
NOTARY PUBLIC
ro/a��J� STATE OF COLORADO
My Commission Expires: I
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FIELD CHECK inspection date: 11/20/2007
• APPLICANT: TARH E&P Holdings CASE#: USR-1628
REQUEST: A site specific development plan and special review permit for An Oil and Gas Production
Facility(two oil and gas wellheads)in the A(agricultural)zone district
LEGAL: W2NE4SE4 of 23-6-66
LOCATION: Approximately 1/4 mile north of CR 66 and approximately 1/2 mile west of CR 35
PARCEL ID#: 0805 25 200005 ACRES: 20
7onina Land Use
N Ag N Cropland
E R-1 E Seeley Lake
S R-1 S Single-Family Residence
W Ag W Cropland
COMMENTS:
Open/Ag parcel with existing wellhead. Directly adjacent to Seeley Lake.
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Chris Gathman - Planner II
H - House DV-Derelict Vehicles D - Ditch
O -Outbuilding NCJ - Noncommercial Junkyard
A-Access to property IS - Irrigation Sprinkler
W - Wetlands
MH -Mobile homes OG -Oil and Gas structures
Note any commercial business/commercial vehicles that are operating from the site.
Note if there is a site distance problem with the access
S
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