HomeMy WebLinkAbout20062114 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant: Petro-Canada Resources (USA) Inc. Case Number: AmUSR-1467
USR for an Oil &Gas Facility(21 wells&6 tank batteries)
Submitted or Prepared:
Prior to At
Hearing Hearing
`' 1 Staff Comments X
Department of Planning Services Field Check Form X
2 Legal Notifications X
Affidavit of sign posting X
3 Application X
4 Maps& Plans X
• 5 Deed
X
N 6 Surrounding Property Owners X
N 7 Soil Survey X
• 8 Referrals List X
• 9 Referrals Without Comments X
City of Greeley, referral received 5/2/06 X
10 Referrals With Comments X
Weld County Department of Health and Environment, referral received 5/10/06 X
Weld County Sheriff's Office, referral received 5/17/06 X
Weld County Department of Public Works, referral received 5/12/06 X
Weld County Building Inspection, referral received 5/12/06 X
Weld County Zoning Compliance, referral received 4/21/06 X
Weld West Greeley Soil Conservation District, received 5/15/06 X
Town of Windsor, received 5/24/06 X
Windsor-Severance Fire Protection District, received 5/11/0 X
11 Planning Commission Exhibits X
A Nunn Fire Protection District comments dated July 5, 2005 X
Ft. Lupton Proof of Publication-PC Hearing (jrj u,ndzti Lae)) X
after-PC Hoaring (37eC, r`X
13 Ptdantng Cunt nisnion Reaolufioa
I hereby certify that the twenty-six items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing. n
K 44-
Brad Mueller,Planning Services
2006-2114 ;.;#71,74:4Z&24/2
LAND USE APPLICATION
WI`Pc• SUMMARY SHEET
COLORADO
Planner: Brad Mueller
Case Number: AmUSR-1467 Hearing Date: June 6, 2006
Applicant: Petro-Canada Resources (USA) Inc.
1099 18th Street, Suite 400
Denver, CO 80202
Request: A Site Specific Development Plan and Special Use Permit for an Oil & Gas
Production Facility (21 oil and gas wells & 5 tank batteries) in the I-1 (Industrial) Zone
District.
Legal Description: Portions of Sections 26, 27, 34, and 35, Township 6 North, Range 67 West of the 61h
P.M., Weld County, CO.
Location: General vicinity being east of and adjacent to State Highway 257, west of County
Road 23, and north of the Cache la Poudre River.
Size of Parcels: 951 +/-acres
Parcel Numbers: 0807 26 200007, 0807 35 000026, &0807 35 100032
ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are 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, received 5/10/06
• Weld County Sheriffs Office, received 5/17/06
• Weld County Department of Public Works, received 5/12/06
• Weld County Department of Building Inspection, received 5/12/06
• Weld County Zoning Compliance, received 4/21/06
• West Greeley Soil Conservation District, received 5/15/06
• City of Greeley, received 5/2/06
• Town of Windsor, received 5/24/06
• Windsor-Severance Fire Protection District, received 5/11/06
AmUSR-1467 Petro-Canada Resources(USA) Inc. 1
EXHIBIT
1
SPECIAL REVIEW PERMIT
WI`De ADMINISTRATIVE REVIEW
COLORADO
Planner: Brad Mueller
Case Number: AmUSR-1467 Hearing Date: June 6, 2006
Applicant: Petro-Canada Resources (USA) Inc.
1099 18`"Street, Suite 400
Denver, CO 80202
Request: A Site Specific Development Plan and Special Use Permit for an Oil & Gas
Production Facility (21 oil and gas wells & 5 tank batteries) in the I-1 (Industrial) Zone
District.
Legal Description: Portions of Sections 26, 27, 34, and 35, Township 6 North, Range 67 West of the 6'h
P.M., Weld County, CO.
Location: General vicinity being east of and adjacent to State Highway 257, west of County
Road 23, and north of the Cache la Poudre River.
Size of Parcels: 951 +/-acres
Parcel Numbers: 0807 26 200007, 0807 35 000026, & 0807 35 100032
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED FOR THE FOLLOWING REASONS:
1. The request does not comply with Section 23-2-220.A.1 of the Weld County Code, which states:
"That the proposal is consistent with Chapter 22 of [the] Code and any other applicable code
provisions or ordinance in effect." Specifically, the application does not comply with the following
Code provision:
A. Section 23-5-250.6 [FW (Floodway) District]: No development shall occur in the Floodway
District with the exception of floodproofed agricultural exempt buildings. Seven of the
proposed wellheads, and one proposed tank battery, are proposed to be located within the
floodway. (Most of the remaining proposed facilities — the remainder of the request for 21
wells and 5 tank batteries — lie within the larger floodplain.) Well heads and tank batteries do
not qualify as agricultural exempt buildings and therefore are not supported for construction
within the floodway. The West Greeley Soil Conservation District in its referral of May 15,
2006, notes that significant amounts of the subject property lies within areas classified as
having "severe" construction limitations, and that the District discourages building within a
floodplain (which is inclusive of the floodway).
AmUSR-1467 Petro-Canada Resources (USA) Inc. 2
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.
IF THE PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PROPOSAL, THE
DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT SUCH RECOMMENDATION BE
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the plat:
A. This application encompasses land that is subject to USR-1462, as well as other land that is
outside the limits of the current USR-1467. USR-1462 must be vacated, and the plat shall be
amended (AmUSR-1467) and expanded to include remaining elements of USR-1462 and
USR-1467, in addition to those elements proposed by this application. (Department of
Planning Services)
B. 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. All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. This road is
maintained by Weld County. A total of 30 feet from the centerline of County Road 23 shall be
delineated right-of-way on the plat. (Department of Public Works)
C. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways. (State Highway 257) Please contact Gloria Hice-Idler at the Greeley office to
verify the access permit or for any additional requirements that may be needed to obtain or
upgrade the permit and provide evidence of such to the Department of Planning Services.
(Department of Public Works)
D. 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 (APCD), 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.
(Department of Public Health and Environment)
E. The applicant shall attempt to address the conditions (concerns) of the Windsor-Severance
Fire Protection District as indicated in a referral response dated May 11, 2006. Written
evidence of such shall be submitted to the Department of Planning Services. (Windsor-
Severance Fire Protection District)
F. The Special Review Permit Plan Map shall be amended to delineate the following:
1) All sheets shall be labeled AmUSR-1467. (Department of Planning Services)
2) The attached Development Standards shall be added. (Department of Planning
Services)
3) All remaining elements of both USR-1462 (which is to be vacated) and USR-1467 shall
be incorporated into the Plan Map, with all Development Standards merged into the
Map. (Department of Planning Services)
4) All formatting and elements indicated in Section 23-2-260.D of the Weld County Code
shall be incorporated into the Special Review Permit Plan Map. (Department of
Planning Services)
AmUSR-1467 Petro-Canada Resources(USA) Inc. 3
G. 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. Prior to Construction:
A. An amended Flood Hazard Permit shall be submitted in conformance with Section 23-2-450
of the Weld County Code prior to construction of any facilities within the floodplain/floodway,
including zero-rise certifications as required. (Department of Building Inspection)
B. All required building permits, as described on the Department of Building Inspection referral
response, dated May 12, 2006, shall be obtained. (Department of Building Inspection)
C. A letter of approval from the Windsor-Severance Fire Protection District shall be submitted to
the Department of Building Inspection prior to release of building permits at the site.
(Department of Planning Services)
3. 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)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required thirty (30) days from the date of the Board of County
Commissioners resolution a $50.00 recording continuance charge shall be added for each
additional 3 month period. (Department of Planning Services)
5. 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 mapsco.weld.co.us. (Department of Planning Services)
6. 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)
AmUSR-1467 Petro-Canada Resources(USA) Inc. 4
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Petro-Canada Resources (USA) Inc.
AmUSR-1467
1. The Site Specific Development Plan and Special Use Permit is for an Oil & Gas Production Facility
(21 oil and gas wells & 5 tank batteries) in the I-1 (Industrial) Zone District, as indicated in the
application materials on file and subject to the Development Standards stated hereon. (Department
of Planning Services)
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. All construction or improvements occurring in the floodplain and floodway as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 0802660605E & Map
0802661503E, both dated June 10, 2005 ("Preliminary"), shall comply with the Flood Hazard
Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code, which
shall also include the submittal of a zero-rise certificate. The Department of Public Works shall
verify the date and applicability of the Panel and Panel Maps, as needed. (Department of Planning
Services)
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. 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., as amended. (Department of Public Health and
Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate toilet facilities (part-a-potty) shall be provided during the construction of the facility.
(Department of Public Health and Environment)
10. Bottled water shall be utilized for drinking and hand washing during drilling/construction.
(Department of Public Health and Environment)
11. 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)
AmUSR-1467 Petro-Canada Resources(USA) Inc. 5
12. The oil and gas service road shall be graded and drained to provide an all-weather access.
(Department of Public Works)
13. Prior to construction on the site, including moving and drilling rigs, the applicant shall obtain all
necessary County transportation permits for overweight and over width vehicles. Please contact
the Department of Public Works at 356-4000, extension 3750 to obtain such permits. (Department
of Public Works)
14. The applicant shall conform to all State and Federal regulations concerning storm water drainage.
(Department of Public Works)
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) (Department of
Planning Services)
16. 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)
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (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. (Department of Planning Services)
19. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code. (Department of Planning Services)
20. Weld County Government 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. (Department of Planning
Services)
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. (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. (Department of
Planning Services)
USR-1558 Petro-Canada Resources(USA) Inc. Page 6
..
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
COLORADO
April 20, 2006
Petro Canada Resources
1099 18th St.
Ste. 400
Denver CO 80202
Subject: AmUSR-1467- Request for A Site Specific Development Plan and Special Review Permit for a
Oil & Gas Production Facility in the I-1 (Industrial)Zone District on a parcel of land described as
Portions of Section 34, 35, 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 June 6,2006, 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 and Windsor Planning
Commission for their review and comments. Please call Greeley at 970-350-9780 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 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,
Brad Mueller
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS May 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.
Ennn Mo el(e✓ , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT
THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE
PLANNING COMMISSIONERS HEARING FOR A USE BY SPECIAL REVIEW IN THE I-1
(INDUSTRIAL 1) ZONE DISTRICT.
OrZA0 Pi ticKey
Name of Person Posting Posting Sign
Signature of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD pnII
The foregoing instrument was subscribed and sworn to me thief J day of /I VI�i� , 20069
WITNESS my hand and official seal.
Qgla # WENDI INLOES
NOTARY PUBLIC
STATE OF COLORADO
Notary Public
My Commission Expires: r C.
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FIELD CHECK Inspection Date: May 23, 2006
Applicant: Petro-Canada Case #: AmUSR-1467
Request:
Legal: Section: T: N R: W
Location:
Parcel ID #: Acres:
Zoning Land Use
N I-1 N Kodak plant and facilities
E Ag E Farmland
S A S Poudre River; ag land
W Town of Windsor W West of Hwy 257, suburban development
Comments:
East side of property
• Some land partially irrigated, farmed
• Some non-irrigated, natural grass areas & other non-irrigated wheat fields
• Not all existing wells appear operational or in use
• High-tension power lines bisect the property, north to south
West side of property
• North of river used for recreational trailhead
• Some farming/open fields
• Active farming south of the river
• Trees, extensive vegetation along river
Signature
❑ House(s) ❑ Derelict Vehicles
z$ Outbuilding(s) ❑ Non-commercial junkyard (list components)
'0 Access to Property ❑ Irrigation Sprinkler
Crop Productions 0 Crops
❑ Site Distance ❑ Wetlands
o Mobile Home(s) s. Oil & Gas Structures
Other Animals On-Site ( x 5.; Wildlife
'p Water Bodies 1s Utilities On-Site (transmission lines)
o Ditch o Topography
Note any commercial business/commercial vehicles that are operating from the site.
Hello