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HomeMy WebLinkAbout20052647.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Petro-Canada Resources Case Number USR-1514 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Letter from the applicant dated July 1, 2005 (ILA w¢4 r, � , ) X Department of Planning Services Field Check Form X Letter to Applicant X Affidavit and photograph of sign posting X Legal Notifications X 2 Application X Maps X Deed/Certificate of Conveyance/Oil and Gas Lease X Surrounding Property/ Mineral Owners X Utilities X —Sei4-Sewey X 3 Referral List X Referrals without comment X Weld County Zoning Compliance, referral received 4/28/2005 X 4 Referrals with comments X Weld County Department of Building Inspection, referral received 5/31/2005 X Weld County Department of Public Health and Environment, referral received X 5/24/2005 Town of Windsor, referral received 6/3/2005 X Weld County Department of Public Works, referral received 5/5/2005 X Windsor/Severance Fire Protection District, referral received 5/4/2005 X Weld County Sheriff's Office, referral received 5/6/2005 x West Greeley Soil Conservation District, referral received 5/16/12005 X City of Greeley, referral received 5/9/2005 X 5 Surrounding Property Owners- Letters X �• Letter from Broe dated June 30, 2005 Kj1L4i �T, , ', X Y` w 6 PC Exhibits 2005-2647 6a map showing tank battery to South X I hereby certify that the 6 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Sheri Lockman < Planner II r EXHIBIT Att WIID�. LANDAPPLICATION SUMMARY SHEET COLORADO Planner: S. Lockman Case Number: USR-1514 Hearing Date: July 5, 2005 Applicant: Eastman Kodak Company c/o Petro-Canada Resources (USA) Inc. Address: 1099 18th Street, Suite 400, Denver, CO 80202 Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility (two oil and gas wells) in the I-1 (Industrial)Zone District. Legal Description: Part of N2 NE4 Section 35, T6N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 23; 3/4 mile south of County Road 64.75 Parcel ID#: 0807 35 100029 Size of Parcel: 77.02 +/-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 5/24/2005 • Weld County Department of Public Works, referral received 5/5/2005 Weld County Sheriffs Office, referral received 5/6/2005 • West Greeley Soil Conservation District, referral received 5/16/12005 • Weld County Department of Building Inspection, referral received 5/31/2005 • Weld County Zoning Compliance, referral received 4/28/2005 • City of Greeley, referral received 5/9/2005 • Town of Windsor, referral received 6/3/2005 • Windsor/Severance Fire Protection District, referral received 5/4/2005 The Department of Planning Services' staff has not received responses from the following agencies: • Colorado Division of Wildlife USR-1514 Eastman Kodak 1 ! a SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW WIiDc. COLORADO Planner: S. Lockman Case Number: USR-1514 Hearing Date: July 5, 2005 Applicant: Eastman Kodak Company c/o Petro-Canada Resources (USA) Inc. Address: 1099 18th Street, Suite 400, Denver, CO 80202 Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility (two oil and gas wells) in the 1-1 (Industrial)Zone District. Legal Description: Part of N2 NE4 Section 35, T6N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 23; 3/4 mile south of County Road 64.75 Parcel ID#: 0807 35 100029 Size of Parcel: 77.02 +/-acres 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 I-1 (Industrial)Zone District. Section 23-3-310.D.1 of the Weld County Code provides for oil and gas production facilities as a Use by Special Review in the I-1 (Industrial)Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Conditions of Approval and Development Standards ensure that the proposal will have little impact on the surrounding land uses. 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 lies within the three mile referral area for the Town of Windsor and the City of Greeley. Both USR-1514 Eastman Kodak 2 listed items that the applicants should take into consideration such as setbacks, future road rights-of-way and directional drilling. E. Section 23-2-220.A.5 --The site does not lie within any 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) 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.This site is not zoned Agricultural. 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 Town of Windsor has indicated in a referral response dated June 3, 2005 that drilling of oil wells will likely have some impact to the required setbacks from oil and gas facilities and that the site lies in close proximity to the City of Greeley's proposed expansion of "O" Street. Written confirmation that the applicant has taken these concerns into consideration shall be submitted to the Department of Planning Services. (Department of Planning Services) B. The applicant shall attempt to address the conditions (concerns) of the City of Greeley as indicated in a referral response dated March 25, 2004. Written evidence of such shall be submitted to the Department of Planning Services. (Department of Planning Services) C. The applicant shall attempt to address the conditions(concerns)of the Windsor/Severance Fire Protection District as indicated in a referral response dated May 2, 2005. Written evidence of such shall be submitted to the Department of Planning Services. (Windsor/Severance Fire Protection District) D. 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 Public Works) E. 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. Alternately, the applicant can provide evidence from the APCD that they are not subject to these requirements.Written evidence that the requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) F. The plat shall be amended to delineate the following: 1) All sheets shall be labeled USR-1514. (Department of Planning Services) USR-1514 Eastman Kodak 3 2) The attached Development Standards. (Department of Planning Services) 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 overweight and over width Weld County Permit for the purpose of hauling equipment to drill the proposed oil and gas wells shall be obtained from the Weld County Department of Public Works. Contact Ted Eyl at 970-356-4000, Extension 3750, to obtain the necessary transport permits prior to moving on site. (Department of Planning Services) B. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/ PermitsUnit if they are required to obtain a stormwater discharge permit.Alternately,the applicant can provide evidence from WQCD that they are not subject to these requirements. Written evidence that the requirements have been met to the satisfaction of the Weld County Health Department shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) C. All required building permits, as described on the Department of Building Inspection referral response, dated March 31, 2005, shall be obtained. (Department of Building Inspection) D. If interested,the applicant can contact the Weld County Sheriffs Office to assist in a security plan for the site free of charge. (Sheriffs Office) 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 maps(a)co.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) USR-1514 Eastman Kodak 4 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Eastman Kodak Company c/o Petro-Canada Resources (USA) Inc. USR-1514 1. The Site Specific Development Plan and Special Use Permit is for an oil and gas production facility (Two oil and gas wells)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 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) 4. 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) 5. 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) 6. The operation shall comply with all applicable rules and regulations of the Colorado Oil and Gas Conservation Commission. (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. (Department of Public Health and Environment) 11. All potentially hazardous chamicals 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) 12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment 13. Access shall be gained from County Road 23 as indicated on the Weld County Access Information Sheet. (Department of Public Works) 14. The access road to the oil and gas production facility (for oil and gas wells) should be a graded and drained road to provide an all-weather access to the facility. (Department of Planning Services) USR-1514 Eastman Kodak 5 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. 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) 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 18. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 19. 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. 20. 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. 21. 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-1514 Eastman Kodak 6 DEPARTMENT OF PLANNING SERVICES tb-3/4.- NORTH OFFICE T 918 10TH Street GREELEY, CO 80631631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 W����• SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 COLORADO PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 27, 2005 Eastman Kodak Co do Petro-Canado Resources 1099 18th Street Ste.400 Denver CO 80202 Subject: USR-1514- Request for A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility(2 oil and gas wells) in the I-1 (Industrial)Zone District on a parcel of land described as Lot A of RE-1244 being part of the N2NE4 Section 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 July 5, 2005, 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 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. Respe tfully, She i Lockman Planner r PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS June 25, 2005 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, SHERI LOCKMAN, 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-1514 IN THE A (AGRICULTURAL) ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign , 14112-1 Signature of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of . J7 e. , 200$5 WITNESS my hand and official seal. Notary Public My Commission Expires: t }: . -`:rwtlia r _ - H j. — Z. Wilk NOTICE Wine -- ' : • A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: .:Y i5- AZ f:m eA • *),.•,S% f ..i L rCASE AO - GL ES v v y � 1 F7YkF ii. e .,tfit' l , jt it; ', % :::'-ii.:: FOR MORE INFORMATION CALL e• . v 1>+ : � '�y(hj ''''''''''::\t"."' ilk...tit:: , T�.�...54.1:-. WELD COUNTY DEPARTMENT OF t .. *• 'y! , '�i Ct?. � � � •" } i PLANNING SERVICES AT tit � �.�` �'ti- f " 3 , • rF�G,r j veil 3530 iii}vi .�,.� r �v 'o ' (9701353 6100 �' ` :,✓a 6�•'� .$4.. • It;.aO ter r-•:•4;•:•:- .Yi a ° ti; -:;Kier -4.-----z,, r 7 �,,�ti1at ��`�'��"� lam! ' � ` wY � y �•v '. .rY _ �h(^Y•- ,� .- . a fr a to * M Y_ 4 r t ♦psKr 't �y- � _ "" •' rwlr. - •.. >tr.' _ '4 - F Vii..,.. •• r 1 4.• •1 . fir < . y. P6 j nI• ` i• Pr le _. • f.,i ' . :. . : x.: ••••l •y • Y• ��,y •V ` y:�).S ) • i v I• • . 1" l - A 1f < IiiA • ‘ ♦ • • 1 r' j� 555 kS,ea.. 1 1 • v . ..� .. 1” i I:. 4 r f i �y ,/J',�(r{• off y� • r ty- - „ -• ' • .„ • . . • - • ' • ro.tosearsiovetisigglarlIVFMM. • FIELD CHECK inspection date: //5/65 APPLICANT: Eastman Kodak Company c/o Petro-Canada Resources (USA) Inc. CASE#:USR-1514 REQUEST: A Site Specific Development Plan and a Special Review Permit for an oil and gas production facility (2 oil and gas wells) in the I-1 (Industrial)Zone District. LEGAL: Lot A RE-1244 being part of the N2 NE4 Section 35, T6N, R67W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to County Road 23; 3/4 mile south of County Road 64.75 PARCEL ID#: 0807 35 100029 ACRES: 77.02+/- Zoning Land Use N A (Agricultural) N E A (Agricultural) E S A (Agricultural) S W A (Agricultural) W Keti rzi COMMENTS: (gnu. /24Y1Z ,rte- /0/2,4thimi irtAl(A/H. Hello