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Home My WebLink About20070032.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant TARH E&P Holdings, LLP Case Number USR-1565 Submitted or Prepared • Prior to At Hearing Hearing 1 Staff Comments X Ni Department of Planning Services Field Check Form X Letter to Applicant X N. Legal Notifications X N. 2 Application X N. Maps X x Deed/Easement Certificate Surrounding Property/Mineral Owners X `. Utilities 3 Referral List X Referrals without comment X 4 Referrals with comments X N. Weld County Department of Public Works referral received 6/28/2006 X Weld County Department of Public Health and Environment referral received X 7/14/2006(2 pages) Weld County Department of Building Inspection referral received 6/29/2006 X Eaton Fire Protection District referral received 6/19/2006 (2 pages) X N. City of Greeley referral received 6/22/2006 (2 pages) X .. 5 Surrounding Property Owners/Mineral Owners - Letters • 6 PC Exhibits • 6A Sign posting affidavit (.... LJ t.u„L.. (��-,y,,,,,z,j) X • 6B Memorandum to Planning Commission dated 9/5/2006 X 6C Letter from Letter from Astrella& Rice signed by Lance Astrella and attached X surface use agreement between Texas American Resources company and C.B. Keirnes received 8/1/2006 I hereby certify that the 13 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. dj, _ I Chris Gathman v Planner EXHIBIT 2007-0032 1 U ISO Wine. LANDAPPLICATION SUMMARY SHEET COLORADO Case Number: USR-1565 Hearing Date: September 5, 2006 Applicant: TARH E&P Holdings c/o William Crews, CPL Address: P.O. Box 336337, Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas Production Facility (three oil and gas wells) in the R-1 (Low Density Residential) Zone District Legal Description: Part of Lots A and D of RE-3868; encompassing the entire W2SE4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 66 and 1/4 mile west of County Road 35 Size of Parcel: +/- 80 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 7/14/2006 • Weld County Department of Public Works, referral received 6/28/2006 • Weld County Department of Building Inspection, referral received 6/29/2006 • Eaton Fire Protection District, referral received 7/19/2006 • City of Greeley, referral received 6/22/2006 • Town of Windsor, referral received 2/6/2006 Referrals have not been received from the following Agencies: • Oil & Gas Commission A USR-1565 TARH E& P Holdings LP Page 1 % ............... ....... . SPECIAL REVIEW PERMIT W I 'D o . ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1565 Hearing Date: September 5, 2006 Applicant: TARH E&P Holdings c/o William Crews, CPL Address: P.O. Box 336337, Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for Oil and Gas production facilities (three oil and gas wells) in the R-1 (Low Density Residential) Zone District Legal Description: Part of Lots A and D of RE-3868; encompassing the entire W2SE4 of Section 23, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 66 and 1/4 mile west of County Road 35 Parcel Size: +/- 80 acres Parcel Number(s): 0805 23 100024 & 0805 23 400023 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 22-5-80.8 (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. One wellhead will be installed adjacent to an existing wellhead facility and one wellhead will be installed in a separate location within the permit boundary. 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-1565 TARN 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. Existing single-family residences are located to the south and west of the site (across County Road 66). Sonny View Estates subdivision is located approximately 1/4 mile to the east. The nearest residence will be located approximately 800-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 June 22, 2006 indicated that the site appeared to be within sensitive areas as identified on the City of Greeley Areas of Ecological Significance Map. The City directed the applicant to consult with the Division of Wildlife for appropriate site specific and cumulative impact mitigation procedures. Further, the City of Greeley indicated that proof of compliance with State Air Pollution regulations should be provided. These items are addressed as conditions of approval. e. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The site does not lie within any overlay zones. 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 Scheduling the Board of County Commissioners hearing: USR-1565 TARH E& P Holdings LP Page 3 A. The applicant shall provide written notification to property owners within the boundaries of approved USR-599 regarding the USR application. Evidence that notification has been provided along with any written responses from these property owners shall be provided to the Department of Planning Services. (Department of Planning Services) 2. 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-1565. (Department of Planning Services) 2) County Road 66 (AA Street) is a collector road that requires 80-feet of right-of- way at full build out. There is presently 60-feet of right-of-way. An additional 10- feet shall be delineated as future right-of-way for County Road 66. All setbacks shall be measured from the edge of future county road right-of-way. (Department of Public Works) 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 (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 attempt to address the requirements of the City of Greeley as stated in their referral dated June 20, 2006. Written evidence of such shall be provided to the Department of Planning Services. (City of Greeley) E. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT)which grants access to State Highway 392 , or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). F. The applicant shall attempt to address the requirements of the Eaton Fire Protection District, as stated in their referral dated June 19, 2006, in regards to access road width and road surfaces. Evidence of such shall provided to the Department of Planning Services. (Eaton Fire Protection District) G. 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) H. 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) USR-1565 TARH E & P Holdings LP Page 4 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. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Recorded Exemption/Subdivision Exemption/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(rDco.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) USR-1565 TARH E & P Holdings LP Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS TARH E & P Holdings LP USR-1565 1. A Site Specific Development Plan and a Special Review Permit for an Oil and Gas production facility (three 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 applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 10. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 11. Adequate toilet facilities (port-a-potty) shall be provided during drilling/construction. (Department of Public Health and Environment) 12. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations. (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) USR-1565 TARH E& P Holdings LP Page 6 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) 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. USR-1565 TARH E& P Holdings LP Page 7 a DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 10TH Street GREELEY, CO 806310631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 111k. COLORADO June 12, 2006 TARH E&P Holdings LP do William Crews PO Box 336337 Greeley CO 80633 Subject: USR-1565- Request for a Site Specific Development Plan and Special Review Permit for oil & gas production facilities in the R-1 (Low Density Residential) Zone District on a parcel of land described as W2SE4 of Section 23, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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 September 5, 2006, 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 970-350-9780 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, Chris Gathman Planner GREELEY Weld Co Planning Department MEMORANDUM SE 0 G 2006 ° RECEIVED TO: CHRIS GATHMAN, PLANNING SERVICES IFROM: CHARLOTTE DAVIS, ENVIRONMENTAL SERVICES SUBJECT:USR-1565 DELETE- DEV O REFERRAL 08MEMO DATED JULY 6, 2006. DEVS FROM STD#5 DATE: 06 COLORADO Please delete the following Development Standard, as it is not relevant to this case, (no tanks inside USR boundary): 1. Development Standard # 5 A spillage retention berm shall be constructed around the existing and proposed tank batteries. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. Alternative protective measures may also be allowed. -- PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 25, 2006. 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-1565 IN THE A (AGRICULTURAL) ZONE DISTRICT. CHRIS GATHMAN Name of Person Posting Sig ain Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) rin The foregoing instrument was subscribed and sworn to me this La day of , 2004© WITNESS my hand and official seal. WENDI INL0ES 4 NOTARY PUBLIC V STATE OF COLORADO otary Public My Commission Expires: I 6 51 EXHIBIT_ IU59-- 15'0 Co A "i^""'/"Y:. r " v. K - .c : v �iw •1. "_"`Y.nv�7GSFr-vn�+ - • Y w n • G -4- ' ^>L�t of `".-.> � Zl - ��'(�p�'� L +�ay��tL _ . �. NOTICE WHO "�` a" "" A PUBLIC HEARING CONCERNING '" „ - " r � .. •s ` • THIS PROPERTY WILL BE HELD AT: .'. 7y qq • Y" '5'.? .. S ^ ' / Qe�l£", CCU. •Z!,( o� '. /' " .'. . 5 _ l r C� �jl . .... y _.�'�. l _ z • C C 4'.'..'•s�w F m4:, z. • : �. '.. ON �> off , 2oQ 4T �' � /" , �� ! ar C r".��1 t tGIA?"" C• s, � w�V ' r ,.. ' x ^5¢ Held•, _ ' bQ A - NAMEet. ... - ! - x' . -A • ' -F "P' iii REQUEST b.�..X.A� 9. .w"11/4‘t Gs l� i • �• ., zy+- 2 i5 C.5 / ' C ACRES .y ,I ; a•' -'• 2 CASE N(1. i FOR MORE INFORMATION CALL � . ,e, • '"'! ' r..i ' "" WELD COUNTY DEPARTMENT OF " s ;;, 44 ' � .tv PLANNING SERVICES AT } 144 ` (9701353 6100 ext. 3540 # - 1 y � ' g �Gyy,Y� .1%.1- r • S.'- y ,y �y ' e t_ tom% .' 0.8 /25 / 2006 iJ r , • --....,...- y. i' , i. ;yam J . • E. * •n , a • ar: f D. • J . `� : .• ' t J , - `e t�. • . f •, . w . .. ( „ '.1l•4'f :.••14. - ^TI i f.. .. JP, 1 L_ - _ - _ _ - _ _ may- . ' '._ ._ ! !ice _• • 25 /- c, �"" i _ ,O . • . y' ' ---\ - . . - Y .. sa .. r �j LL - • . A .- � .Y • t • • • S. .:. • y, , 'I Fq • r , 1 ^^ttfi A} 'fi '1+ • ^Kd ;I NA k 1� '1L5 1. .t I � ... . 1 ‘1.t.• I ,l s ‘"ft n a♦ L , 1 ..f. i• i •: •••17' P ' „y 1 ". raonc� / / , 1 +a / 's, Q4 / 7.r'1 a • ice` E��• �(�� ,. " X ;I rk ;' ',' , r ° ` 14 �; is i 1C '/ fir { 1': 1 . 1, 7-9 ; / r A ' F., „77. " , '/ �„ � !/.., 1� ..w tlW s I8/ 25/z006 1 - .'yam`. - . l • • 11, Yi. lc#. • Z , •• - 08 / 25 / 2006 • • I.-' - III, • jsj � I Y: . ,:, . nisii- . .... - - 434 .. _ - .•.rvc ' " 08/25/ 2006 , I I8� Y r sd,,' _. ► L t r - - rY � - 08 / 25 / 2006 • ,r • —: .` - t y r + .,:_„. .42.1:„,--c...,::_4'41,*_.„ ;- „. -� _ . � • . __ _ b4, ...1„. k ,�sfir, ' ` f .:* _ -.44e. a rt . y r. f i _ y�, L�' 18/25/ ! .06 r �-' - .• 4' r FIELD CHECK inspection date: 8/25/2006 APPLICANT: TARH E&P Holdings CASE#: USR-1565 REQUEST: A site specific development plan and special review permit for An Oil and Gas Production Facility(three oil and gas wellheads) in the A(agricultural) zone district LEGAL: Part of Lots A and D of RE-3868; encompassing the entire W2SE4 of 23-6-66 LOCATION: North of and adjacent to CR 66 and 1/4 mile west of County Road 35 PARCEL ID#: 0805 23 100024 &0805 23 400023 ACRES: 80 Zonina Land Use N Ag N Cropland E R-1 E Seeley Lake S R-1 S Single-Family Residence W Ag W Cropland/Single-Family Residence COMMENTS: Agricultural parcel currently planted in crop (corn). Access off of State Highway 392. gi LI a7 2 � Chris Gathman - P anner 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 Hello