HomeMy WebLinkAbout20071872.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Paul and Michael Hungenberg do Case Number AmUSR-646
Petroleum Development Corporation
(PDC)
Submitted or Prepared
Prior to At
Hearing Hearing
\/. 1 Staff Comments X
Department of Planning Services Field Check Form X
Planning Commissioner Field Check Form X
Letter to Applicant X
Affidavit of sign posting X
Legal Notifications X
' 2 Application X
Maps X
Deed/Easement Certificate X
Surrounding Property/ Mineral Owners X
Utilities n/a
3 Referral List X
Referrals without comment X
Weld County Planning Department Landscape, referral received 4/2/2007
West Greeley Soil Conservation District, referral received 4/9/2007
N 4 Referrals with comments X
Weld County Department of Public Health and Environment, referral received
5/8/2007
Greeley-Weld County Airport, referral received 4/27/2007
Weld County Sheriff's Department, referral received 4/30/2007
Weld County Zoning Compliance, referral received 4/5/2007
Weld County Department of Building Inspection, referral received 4/28/2007
Weld County Department of Public Works, referral received 5/9/2007
5 Surrounding Property Owners- Letters X
6 PC Exhibits X
a. Memorandum Regarding Violation Information X
I hereby certify that the items identified herein were submitted to the Department
of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Hannah L Hippely fi P n er EXHIBIT
EX
2007-1872 ' V r err
gOt4;
Wi`DC. LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Case Number: AmUSR-646 Hearing Date: June 5, 2007
Applicant: Paul and Michael Hungenburg c/o Petroleum Development Corporation
Address: 3801 Carson Avenue, Evans, CO 80620
Request: A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility (continuing permitted oil and gas production facilities and an
additional 2 oil and gas wells & 1 additional tank battery facility) in the R-1 (Low-
Density Residential)Zone District.
Legal Description: Part of Section 32 and Section 33, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to 1st Avenue (CR 41) and 0.75 miles south of"O" Street(CR
64)
Size of Parcel: +/- 160 acres (area covered by AmUSR)
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 5/8/2007
• Weld County Department of Public Works, referral received 5/9/2007
• Weld County Department of Building Inspection, referral received 4/28/2007
• Weld County Planning Department Landscape, referral received 4/2/2007
• Weld County Zoning Compliance, referral received 4/5/2007
• Weld County Sheriff's Department, referral received 4/30/2007
• West Greeley Soil Conservation District, referral received 4/9/2007
• Greeley-Weld County Airport, referral received 4/27/2007
Referrals have not been received from the following Agencies:
• Colorado Oil & Gas Commission
• Colorado Division of Wildlife
• Eaton Fire Protection District
• City of Greeley
$y EXHIBIT
AmUSR-646, Hungenburg c/o PDC, Page 1 of 6 71
�- \\ SPECIAL REVIEW PERMIT
KADMINISTRATIVE REVIEW
WIUc.
COLORADO
Planner: H. Hippely
Case Number: AmUSR-646 Hearing Date: June 5, 2007
Applicant: Paul and Michael Hungenburg c/o Petroleum Development Corporation
Address: 3801 Carson Avenue, Evans, CO 80620
Request: A Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility (continuing permitted oil and gas production facilities and an
additional 2 oil and gas wells & 1 additional tank battery facility) in the R-1 (Low-
Density Residential)Zone District.
Legal Description: Part of Section 32 and Section 33, Township 6 North, Range 65 West of the 6th
P.M., Weld County, Colorado
Location: East of and adjacent to 1st Avenue(CR 41)and 0.75 miles south of"O"Street(CR
64)
Parcel Size: +/- 160 acres (area covered by AmUSR)Parcel Number: 0803 33 000010
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 property where the new
facilities are located is currently under agricultural production and is without any structures.
The permit for the USR-646 was obtained in 1984 by RA Resources. This amendment is
necessary to permit the additional wells and tank battery facility that have recently been
added to the property. The property owner has reached an agreement with the facility
operator regarding the surface use of the property.
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.
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. Existing single-family
residences are located to the west of the site.
AmUSR-646, Hungenburg c/o PDC, Page 2 of 6
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 located within the 3-mile referral area for the City of Greeley. The
City of Greeley did not respond to the referral request.
e. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code.
The site is affected by both the Weld County-Greeley Airport and FEMA FIRM panel map
080266 0628C, the applicant is compliant in regards to both overlay districts.
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 wellheads and surface tank battery facility occupy 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 amended to delineate the following:
1) All sheets of the plat shall be labeled AmUSR-646. (Department of Planning
Services)
2) County Road 41 (15`Avenue) is a local paved road that requires 60-feet of right-of-
way at full build out. There is presently 60-feet of right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way shall be
noted on the plat. All setbacks shall be measured from the edge of future county
road right-of-way. (Department of Public Works)
3) The plat shall show the entire area covered by this permit and shall be prepared in
accordance with Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) All existing wellheads and tank battery facilities shall be clearly shown on the plat.
(Department of Planning Services)
AmUSR-646, Hungenburg do PDC, Page 3 of 6
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 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 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. 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(a.co.weld.co.us. (Department of Planning Services)
4. 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)
5. 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)
AmUSR-646, Hungenburg do PDC, Page 4 of 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
Paul and Michael Hungenburg do Petroleum Development Corporation
DEVELOPMENT STANDARDS
AM USR-646
1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility
(continuing permitted oil and gas production facilities and an additional 2 oil and gas wells & 1
additional tank battery facility) in the R-1 (Low Density Residential) Zone District 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 directly across from 'F' Street shall be used. (Department of Public Works)
4. The applicant and/or operator shall operate in accordance with Emergency Response and Fire
Protection Plan as approved by the Eaton Fire Protection District.(Department of Planning Services)
5. The easement shall be a graded or drained to provide all-weather access. (Department of Public
Works)
6. 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)
7. 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)
8. 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)
9. 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)
10. Adequate toilet facilities (port-a-potty)shall be provided during drilling/construction. (Department of
Public Health and Environment)
11. The operation shall comply with all applicable State noise statutes and/or regulations. (Department of
Public Health and Environment)
12. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Health and Environment, Water Quality Control Division. (Department of Public Health and
Environment)
13. 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)
14. Bottled water shall be provided for employees for drinking and hand washing during
drilling/construction. (Department of Public Health and Environment)
15. 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)
AmUSR-646, Hungenburg do PDC, Page 5 of 6
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. 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)
18. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
20. 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.
21. 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.
22. 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.
23. The property owner or operator shall comply with all applicable rules and regulations of State and
Federal agencies, including but not limited to the Colorado Oil and Gas Conservation Commission
rules and regulations, and the Weld County Code.
AmUSR-646, Hungenburg c/o PDC, Page 6 of 6
DEPARTMENT OF PLANNING SERVICES
1� a NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970)304-6498
WADe.
COLORADO
April 4, 2007
Paul& Michael Hungenberg
c/o Petroleum Development Corporation
3801 Carson Av
Evans CO 80620
Subject: AmUSR-646- Request for a Site Specific Development Plan and Special Review Permit for an Oil and Gas
Production Facility (continuing permitted oil and gas production facilities and an additional 2 oil and gas
wells& 1 additional tank battery facility)in the R-1 (Low-Density Residential)Zone District on a parcel of
land described as Portions of Section 32 and 33,T6N, R65W 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 June 5,2007, at 1:30 p.m. This meeting will take place in the Hearing
Room, Weld County Planning Department, 918 10th 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/ora 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 concernin this matter, please call.
Resp cff ly,
Ha nah Hipp y
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 05/26/07 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, Hannah L Hippely , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE
SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR a Site Specific Development Plan and Special Review
Permit for an Oil and Gas Production Facility(continuing permitted oil and gas production
facilities and an additional 2 oil and gas wells & 1 additional tank battery facility) in the R-1 (Low-
Density Residential)Zone District. —AMUSR-646.
Hannah L Hippely
Name of Person Posting Sign
Signature o Person Posting .ign
STATE OF COLORADO
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me th(� day of /V/O�l , 2007.
WITNESS my hand and official seal.
4 .. «o.-rs•6s.r-4.s.+I
WENDI INLOES
NOTARY 9:iBLIC
STATE OF COLORADO
otary Public
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FIELD CHECK
CASE NUMBER: AmUSR-646 DATE OF INSPECTION: 02-3A)7
APPLICANT'S NAME: Paul & Michael Hungenberg do Petroleum Development Corporation (PDC)
PLANNER: Hannah Hippely
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas Production
Facility(continuing permitted oil and gas production facilities and an additional 2 oil and gas wells
& 1 additional tank battery facility) in the R-1 (Low-Density Residential)Zone District.
LEGAL DESCRIPTION: Portions of Section 32 and 33, T6N, R65W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to 1st Avenue (CR 41)and .75 miles South of 0 Street (CR 64).
LAND USE:
N ^.
E 45I
s S. i� FaAmAli ?\,C1J4
w
ZONING: N A (Agricultural)
E A(Agricultural)
S A(Agricultural)
W A(Agricultural)
COMMENTS:
J ett 5 LU.Jff�,,t' LL SiM �al -T7f -k -bagel �
n 'a' e
cv..d r)T -L_ �'jrnpk 1-2
P.C. Member
FIELD CHECK Inspection Date:
APPLICANT: Paul and Michael Hungenberg do
Petroleum Development Corporation (PDC) CASE#: AmUSR-646
REQUEST: A Site Specific Development Plan and Special Review Permit for an Oil and Gas Production Facility
(continuing permitted oil and gas production facilities and an additional 2 oil and gas wells & 1
additional tank battery facility)in the R-1 (Low-Density Residential)Zone District.
LEGAL: Portions of Sections 32 and 33, Township 6 North, Range 65 West of the 6th P.M., Weld County,
CO.
LOCATION: East of and adjacent to 1st Avenue(CR 41)and .75 miles South of O Street(CR 64).
PARCEL ID#:0803 33 000010 ACRES: 58 +/-
Zoning Land Use
N R-1 N
E R-1 E 11
S R-1 S �o�ec- .¢.n-il al
W R-1/I-3 W 1 ( teyt r -1-t4--Q,
Comments:
\A (SVI. 5l
cxl l o ovtlit
91411 ci" (vIo\r frtA
14\--
Hannah Hip ely, PI ner
o House(s) o Derelict Vehicles
o Outbuilding(s) ❑ Non-commercial junkyard (list components)
o Access to Property o Irrigation Sprinkler
o Crop Productions o Crops
o Site Distance ❑ Wetlands
o Mobile Home(s) ❑ Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
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