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HomeMy WebLinkAbout20060712.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Great Western Oil and Gas Case Number USR-1541 Submitted or Prepared Prior to At Hearing Hearing 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 Colorado Division of Wildlife referral received 1/9/2006 4 Referrals with comments X ` Weld County Department of Public Works referral received 1/16/2006 (3 pages) X Weld County Department of Public Health and Environment referral received X 1/26/2006 (2 pages)em.:( i-I l-coot: Weld County Department of Building Inspection referral received 1/26/2006 X Weld County Zoning Compliance Officer referral received 12/12/2005 X West Greeley Soil Conservation District referral received 12/19/2005(3 pages) X Windsor-Severance Fire Protection District referral received 1/9/2006 (3 pages) X Town of Windsor referral received 2/6/2006(2 pages) X y wn I hereby certify that the 13 items identified herein were submitted to the Department of Planning Se ices at or prior to the scheduled Planning Commissioners hearing n Chris Gathman L• Planner = EXH3JB1T 2006-0712 ,71 4.5-4° /547/ r-. After WIWDc SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1541 Hearing Date: February 7, 2006 Applicant: Great Western Oil and Gas Company c/o William Crews CPL Address: 1610 29th Avenue Place, Suite 100, Greeley, CO 80634 Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility(separation equipment,gas metering and crude oil storage tanks) in the I-1 (Industrial)Zone District Legal Description: Lot B RE-4064; Part S2SE4 of Section 26,Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 23 and 1/2 mile south of County Road 66 Parcel Size: +/- 10 acres Parcel Number: 0807 26 400004 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. b. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)Zone District. Section of the Weld County Code provides for oil and gas production facilities as a Use by Special Review in the I (Industrial)Zone District. Great Western Oil and Gas Company Page 2 EXHIBIT Y 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 agricultural land. The nearest two residences are approximately 1/4 of a mile to the southeast and northeast of the site respectively. The Kodak facility is located approximately 1/4 mile to the west of the site. There are already existing oil production facilities on the site (tank battery, separator& meter house, utilized by Noble Energy). 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 Cities of Greeley and Windsor and the Town of Severance. The Town of Windsor, in their referral dated February 3, 2006 did not indicate concerns with the proposed special use permit but is requesting that the applicant submit information regarding potential future drilling sites. No referrals have been received from the City of Greeley and Town of Severance. 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 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 property is not zoned agricultural and the tank facilities will take up a small portion of the site (+/- 10 acres). 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. All sheets of the plat shall be labeled USR-1541. (Department of Planning Services) 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. Evidence that this information has been received by the Health Department shall be submitted to the Department of Planning (Department of Public Health and Environment) Great Western Oil and Gas Company Page 3 C. The applicant shall attempt to address the requirements of the Windsor-Severance Fire Protection District as stated in their referral dated January 6, 2006. Written evidence of such shall be submitted to the Department of Planning Services. (Windsor-Severance Fire Protection District) D. The applicant shall attempt to address the requirements of the Town of Windsor as stated in their referral dated February 3, 2006. Written evidence of such shall be provided to the Department of Planning Services. (Town of Windsor) E. The plat shall be prepared in accordance with section 23-2-260.D and shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Road 23 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 23 shall be delineated right-of-way on the plat. This road is maintained by Weld County. (Department of Planning Services) C. 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. 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 Arcinfo 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 mapsa,co.weld.co.us. (Department of Planning Services) 4. Prior to operation: A. The applicant or the applicant's representative will obtain an overweight or over width Weld County Permit for the purpose of hauling equipment to drill the proposed oil and gas wells, please contact Ted Eyl, Weld County Public Works Department, at 970-356-4000, extension 3750, to obtain the necessary transport permits prior to moving on site. (Department of Public Works) 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) Great Western Oil and Gas Company 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) Great Western Oil and Gas Company Page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Great Western Oil &Gas Company USR-1451 1. A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility (separation equipment,gas metering and crude oil storage tanks)in the I-1 (Industrial)Zone District as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The applicant or the applicant's representative will obtain an overweight or over width Weld County Permit for the purpose of hauling equipment to drill the proposed oil and gas wells. Please contact Ted Eyl, Weld County Public Works Department, at 970-356-4000, extension 3750, to obtain the necessary transport permits prior to moving on site.(Department of Public Works) 4. Access shall be from County Road 23 as indicated on the Weld County Road Access Information Sheet. (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.(Department of Public Health and Environment) 9. 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) 10. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. (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 utilized for drinking and hand washing during construction of the project. (Department of Public Health and Environment) Great Western Oil and Gas Company Page 6 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) 15. 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) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 18. Personnel from the Weld County Departments of Public Health and Environment, Planning Services and Public Works 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. 19. 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. 20. 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. Great Western Oil and Gas Company Page 7 a DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 0TH Street GREELEY, EY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 IFAX: (970) 304-6498 W� �• SOUTHWEST OFFICE 4209 CR 24.5 •COLORADO LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 December 9, 2005 Broe Land Acquisitions c/o William Crews 1610 29t Ave. PI. Ste. 100 Greeley CO 80634 Subject: USR-1541- Request for A Site Specific Development Plan and Special Review Permit for oil & gas production facilities in the I-1 (Industrial)Zone District on a parcel of land described as Part SE4 of Section 26,T6N, R67W 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 February 7, 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 applicants 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, Severance and Windsor Planning Commission for their review and comments. Please call Greeley at 970-350-9780,Severance at 970-686-1218 and Windsor at 970-686-7476 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, Severance and Windsor 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, (LcD Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS January 29, 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 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1541 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign dikto Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD tnh, The foregoing instrument was subscribed and sworn to me this' I±day of {QNA ri , 200k WITNESS my hand and official seal. tAllYfr otary Public I )f th\nan • 887 `a PRA, uMNA (� •-' My Commission Expires: \ A�- � ,, /,'� ••••••••'',�'rQ� Clan, •T, Wilke NOTICE wove w." 4:----2., _ =-o • . .. .. 4' - A PUBLIC HEARING CONCERNING *` " t M,.; , ,� THIS PROPERTY WILL BE HELD AT:a�Rl t �s. - m. .�. '^igl•on t '� , 2A oG AT r • \ NAME } L • '_—�+y�" " �(, + NNX -I REQUEST arztt .� L.M) 4,*,•q-,•i£',w.`7'1..�1'3 yam+• �,� rf z_r' ACRES. . .`� ' ', CASE NO '� '5"= ` FOR MORE INFORMATION CALL , , l' WELD COUNTY DEPARTMENT OF, PLANNING SERVICES AT - . ✓ ' (911 )353-6100 ext. 3540 �, `�� • ., I .t t i .. ••'. '. , _ _ + '' it ..: \ . ",�� 6}I * 06 " v ? y A7�e.S e r . i' t..;- ■ I n i-)7. .ter//fill, _ _ ' , , i .. _ L� 01 / 23 / 2006 . / y% t ._ • 01 / 23 / 2006 a - 01 / 23 / 2006 k It la t !. . __ ar ��j ; � ' - - 01 / 23 / 2006 1- FIELD CHECK Inspection Date: 1/23/06 CASE NUMBER: USR-1541 APPLICANT: Great Western Oil and Gas Production LEGAL DESCRIPTION: Part SE4 of Section 26, Township 6 North, Range 67 West of the 6th PM, Weld County, Colorado LOCATION: West of and adjacent to County Road 23 & '/2 mile south of County Road 66 Zoning Land Use N A (Agricultural) N Agricultural (single-family residence) E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural (single-family residence) W A (Agricultural) W Kodak Facility COMMENTS: Agricultural parcel. Existing tank batteries on site with access. otko Chris Gathman, Planner II Hello