HomeMy WebLinkAbout20040880.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Prima Oil and Gas Case Number USR-1462
Submitted or Prepared
Prior to At
Hearing Hearing
N 1 Staff Comments X
x. Department of Planning Services Field Check Form
Letter to Applicant
Affadavit of sign posting and photograph
Legal Notifications
2 Application X
Maps
Deed/Lease agreements/Certificate of Conveyance
Surrounding Property/Mineral Owners
3 Referral List X
Referrals without comment
Weld County Department of Building Inspection, referral received 1/30/2004
4 Referrals with comments X
Windsor/Severance Fire Protection District, referral received 2/5/2004
Weld County Sheriff's Office, referral received 2/10/2004
West Greeley Soil Conservation District, referral received 2/12/2004
Weld County Department of Public Works, referral received 2/1/2004
and2/11/2004
Weld County Department of Public Health and Environment, referral received
2/19/2004
Town of Windsor, referrals received 2/19/2004 and 2/26/2004
I hereby certify that the 4 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
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Sheri Lockman 4 Planner II
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2004-0880
WIIDc LAND USE
APPLICATION
SUMMARY SHEET
COLORADO
Planner: S Lockman
Case Number: USR-1462 Hearing Date: March 2, 2004
Applicant: Prima Oil and Gas
Address: 1099 18th Street, Suite 400, Denver, CO 80550
Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas
production facility(four oil and gas wells) in the I-1 (Industrial)Zone District.
Legal
Description: Pt SW4 Section 34, T6N, R67W of the 6th P.M., Weld County, CO
Location: East of and adjacent to Highway 257 and north of and adjacent to County Road 62
section line
Parcel ID #: 0807 34 000025 and 0807 34 000024 Size of Parcel: 152.41 +/- 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 2/19/2004
•
Weld County Department of Public Works, referral received 2/10/2004 and 2/11/2004
• Windsor/Severance Fire Protection District, referral received 2/5/2004
•
West Greeley Soil Conservation District, referral received 2/12/2004
•
Weld County Department of Building Inspection, referral received 1/30/2004
• Weld County Sheriffs Office, referral received 2/10/2004
•
Town of Windsor, referrals received 2/19/2004 and 2/26/2004
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Zoning Compliance
•
Colorado Division of Wildlife
USR-1462 Prima Oil&Gas 1
EXHIBIT
1
04;
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Nig C.
COLORADO
Planner: S Lockman
Case Number: USR-1462 Hearing Date: March 2, 2004
Applicant: Prima Oil and Gas
Address: 1099 18th Street, Suite 400, Denver, CO 80550
Request: A Site Specific Development Plan and a Special Review Permit for an oil and gas
production facility(four oil and gas wells) in the I-1 (Industrial)Zone District.
Legal
Description: Pt SW4 Section 34, T6N, R67W of the 6th P.M., Weld County, CO
Location: East of and adjacent to Highway 257 and north of and adjacent to County Road 62
section line
Parcel ID#: 0807 34 000025 and 0807 34 000024 Size of Parcel: 152.41 +/- 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. The Town of Windsor indicated
USR-1462 Prima Oil&Gas 2
in an e-mail dated February 19, 2004 that they tabled the case until their March 4th meeting and
that any recommendation will be forwarded on the 5`"of March. This will allow any comments to
be addressed at the Board of County Commissioners hearing.
E. Section 23-2-220.A.5 -- A portion of the site lies within the Flood Hazard Overlay District.
Conditions have been included to ensure the oil and gas wells are located outside of the
Floodway. Further,the applicant is required to obtain a Flood Hazard Development Permit for any
wells located within a Flood Plain.
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.
However, the minimal area used to locate the four oil and gas wells will have a very minimal
impact to the current 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 the Board of County Commissioners hearing:
A. The applicant shall submit information regarding the status of their discussions with the Eastman
Kodak Company regarding the proposed wells to the Department of Planning Services. (Town
of Windsor)
2. Prior to recording the plat:
A. All pages of the plat shall be labeled USR-1462. (Department of Planning Services)
B. The applicant shall attempt to address the conditions(concerns)of the Windsor/Severance Fire
Protection District as indicated in a referral response dated February 4, 2004. Written evidence
of such shall be submitted to the Department of Planning Services. (Windsor/Severance Fire
Protection District)
C. The applicant shall attempt to address the conditions (concerns) of the Weld County Sheriff's
Office as indicated in a referral response dated February 9,2004.Written evidence of such shall
be submitted to the Department of Planning Services. (Sheriff's Office)
D. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways.The applicant shall contact Gloria Hice-Idler or Tess Jones at the Greeley office
to verify the access permit or for any additional requirements that may be needed to obtain or
upgrade the permit. Evidence that all CDOT requirements have been met shall be submitted to
the Department of Planning Services. (Departments of Planning Services and Public Works)
E. Verification from the Windsor/Severance Fire Protection District that the roadway width and
access are adequate shall be submitted to the Department of Planning Services. (Department
USR-1462 Prima Oil&Gas 3
of Public Works)
F. 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. 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)
G. According to the application materials submitted the site will temporarily store oil and water in
aboveground storage tanks. Therefore,the applicant shall submit evidence of an Aboveground
Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil
Inspection Section for any aboveground storage tanks located on the site. Alternately, the
applicant can provide evidence from the(CDL&E),Oil Inspection Section that they are not subject
to these requirements. 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)
H. In the event that 1 or more acres are disturbed during the construction and development of this
site, the applicant shall inquire with the Water Quality Control Division (WQCD)of the Colorado
Department of Public Health and Environment 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. Evidence that the Water Quality Control Divisions 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)
I. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. Evidence of
Health Department approval shall be submitted to the Department of Planning Services. The
plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility name,
address, and phone number). (Department of Public Health and Environment)
J. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The location of the Floodway and Flood Plain as delineated on FIRM Community Panel#
080266 0605 D and 080266 0001. The oil and gas wells shall be located outside of the
Floodway. (Department of Planning Services)
K. 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)
3. Prior to Construction:
A. Any wells located within a Flood Plain will require a Flood Hazard Development Permit.
(Department of Planning Services)
USR-1462 Prima Oil&Gas 4
m••••-• 4. 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)
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(@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)
n
USR-1462 Prima Oil&Gas 5
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Prima Oil & Gas
USR-1462
1. The Site Specific Development Plan and Special Use Permit is for an oil and gas production facility(four
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 applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
7. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14). (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. 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)
10. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility.
(Department of Public Health and Environment)
11. Bottled water shall be utilized for drinking and hand washing. (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. 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
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 Public Works)
USR-1462 Prima Oil&Gas 6
15. In the event that the applicant causes any damage to the Town of Windsor's sewage treatment plant
road, the applicant shall restore the road to its original condition. (Town of Windsor)
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. 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.
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.
r
USR-1462 Prima Oil&Gas 7
.
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DEPARTMENT OF PLANNING SERVICES
,•---- PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
1555 N. 17TH AVENUE
"lige GREELEY, COLORADO 80631
COLORADO
January 28, 2004
Prima Oil & Gas CO
1099 18th Street Suite 400
Denver CO 80202
Subject: USR-1462- Request for a Site Specific Development Plan and Special Review Permit for an oil
and gas production facility(four oil and gas wells) in the I-1 (Industrial)Zone District on a parcel
of land described as part of the SW4 of Section 34, T6N, R67W 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 March 2,2004,at 1:30 p.m. This meeting will take
place in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
r
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.
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,
J 1
/,C Lockman4 /41Z'L i Zl
Planner
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS March 14, 2004 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 BOARD OF
COMMISSIONERS HEARING FOR USR-1462 IN THE AGRICULTURAL ZONE DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
Signs a of Perso ospng Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this(I day of , 20(
WITNESS my hand and official seal.
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Notary Public My Commission Expires: d!��
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PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS FEBRUARY 21, 2004 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-1462 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
SHERI LOCKMAN
Name of Person Posting Sign
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Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELDfrl
The foregoing instrument was subscribed and sworn to me this/c day of (, 2004
WITNESS my hand and official seal.
Notary Public''
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FIELD CHECK inspection date:1/29/2004
CASE NUMBER: USR-1462
APPLICANT: Prima Oil and Gas
LEGAL DESCRIPTION: Pt SW4 Section 34, T6N, R67W of the 6th P.M., Weld County, CO
LOCATION: East of and adjacent to Highway 257 and north of and adjacent to County Road 62
section line
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural / Residential / Windsor sewer
treatment facility
S A (Agricultural) S Agricultural / commercial
W A (Agricultural) W Agricultural / Residential / Agregate
Industries batch plant
COMMENTS: The site is currently farmed with one home in the
southeast corner. The access road is in good condition
and is also used to access the Windsor sewer treatment
facility east of the site.
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Sheri Lockman , Planner II
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