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HomeMy WebLinkAbout830187.tiff RESOLUTION RE : APPROVAL OF USE BY SPECIAL REVIEW FOR A GAS PROCESSING PLANT - ELMER LUNDVALL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 28th day of December, 1983 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Elmer Lundvall, 1770 25th Avenue, Greeley, Colorado 80631, for a Use by Special Review for a gas processing plant on the following described real estate, to-wit: Part of the NW4, Section 36 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan. b. The proposal is consistent with the intent of the "A" (Agricultural) Zone District in which it is located. c . The uses which would be permitted will be compa- tible with the existing surrounding land uses and with future development of the surrounding area as projected by the Comprehensive Plans of the Cities of Evans and Greeley . LHR 89 TI 5)? 830187 Page 2 RE: USR - LUNDVALL d. No overlay district affect the site . e . Use by Special Review Operation and Design Stand- ards, as amended, provide adequate protection of the health, safety and welfare of the neighbor- hood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the application for a Use by Special Review for a gas processing plant on the herein- above described parcel of land be, and hereby is, granted subject to the following conditions : 1. The attached Standards for Use by Special Review, as amended, be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Stand- ards for the Use by Special Review, as amended, have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of December, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: 1 -- �, - '"^'•� r L ' pd WELD COUNTY, COLORADO G Weld County Clerk and Recorder EXCUSED and Clerk to the Board Chuck Carlson, Chairman By: , , L lL . LL' _J-LC WPM, T )thnA ti Deputy County Clerk J�(j�+J�(�j'Jn T. Martin, Pro-Tem APPROVED AS TO FORM: Ste e9 a byte-- Gene R. Brantner County Attorney Norman Carlson cqu ine o ins DAY FILE : January 4 , 1984 AMENDED OPERATION STANDARDS Elmer Lundvall U.S.R. - 600:83:63 1. The uses permitted shall be a natural gas processing facility as described in the application materials on file with the Department of Planning Services. 2. A six (6) foot chain link fence, topped with three strands of barbed wire, shall enclose the Use by Special Review area. 3. An air emissions permit for the facility must be obtained from the Air Pollution Control Division, Colorado Department of Health, 4210 East 11th Avenue, Denver, CO 80220. 4. Construction of a flare pit shall be prohibited in the Use by Special Review area. 5. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 6. The Use by Special Review area is situated on soils susceptible to wind erosion when the soil surface is not adequately protected. The entire subject site shall be covered by either gravel or a vegetative cover, as recommended by the Soil Conservation Service, to prevent wind erosion. Said subject site shall be restored to its original condition by the operator and/or owner upon cessation of the prescribed natural gas processing facility. 7. The Use by Special Review area shall be limited to two (2) access points on Weld County Road 35. 8. Liquified petroleum gases (LPC) is considered a hazardous substance per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall list the maximum quantity of LPG expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency Response Coordinator. Evidence of this listing shall be provided to the Department of Planning Services prior to the issuance of building permits. 9. The proposal shall comply with all City of Evans Ordinances pertaining to truck traffic. 10. Within thirty (30) days after final approval by the Weld County Building Department or after the plant is on line, the LaSalle Fire Protection District shall be contacted and invited to attend instructional training and meetings concerning shutdown and fire control at the plant site. A key allowing access to the said site shall be delivered to a representative of the LaSalle Fire Protection District. 11. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 12. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 13. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. OPERATION STANDARDS Lundvall USA 600:83:63 Page 2 14. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 16. The applicant shall work with the LaSalle Fire Department to provide an adequate water supply for fire fighting. Any installation agreed upon shall be in place within 120 days of approval by the Board. HEARING CERTIFICATION DOCKET NO. 83-84 RE: USR, NATURAL GAS PROCESSING PLANT, ELMER E. LUNDVALL • A public hearing was conducted on December 28 , 1983 at 2:00 P. M. , with the following present: Chuck Carlson Chaisman ,Excused John Martin Pro Tem Gene Brantner Commissioner Norman Carlson Commissioner Jacqueline Johnson Commissioner Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, R. Russell Anson Planning Department Representative,Michael Mullen The following business was transacted: I hereby certify that pursuant to a notice dated December 7, 1983, and duly published in the LaSalle Leader on December 15, 1983, a public hearing was con- ducted for the purpose of considering the request of Elmer E. Lundvall for a Use by Special Review for a natural gas processing plant. Russ Anson, Assistant County Attorney, read the request into the record. Mike Mullen, representing the Planning Department, read the favorable recommendation fran the Planning Commission, stating that there are 16 Operation Standards recommended. John Martin, Chairman Pro-Tem, explained that, since only four commissioners were present, the applicant could ask that the hearing be continued to another date, and also explained the procedure should today's hearing result in a tie vote. Mr. Lundvall was present and explained that he is requesting a Use by Special Review to place a gas processing plant at the end of 35th Avenue. Commissioner Martin asked about the proposed Operation Standards and Mr. Lundvall said he had no problem with any of them. Mr. Mullen read the Operation Standards. Mr. Lundvall • made conuuer,sconcerning the location of the proposed gas plant and answered questions of the Board. No objections were presented by members of the audience. Mr. Mullen suggested that the Board might wish to amend Operation Standard #16 to include a time limit for a fire hydrant. Discussion was held concerning water supply for fire fighting purposes. Gary Sandau, fran the LaSalle Fire Protection District, was present and commented on the water necessary should a fire occur. Commissioner Brantner roved to approve this request for a Use by Special Review for a natural gas processing plant for Elmer E. Lundvall, with the conditions and Operation Standards as reconuuended, except that Operation Standard #16 is to be revised to indicate that the applicant shall provide an adequate water' supply for fire fighting, as agreed upon with the LaSalle Fire Department, within 120 days of approval by the Board. The motion was seconded by Commissioner Johnson and carried unanimously. APPROVED: ��, BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO G' Weld County Clerk and Recorder EXCUSED and Clerk to the Board__ Chuck Carlson, Chairman Deputy County Clerk i l./ . Martin, Pro-Tem EXCUSED DA1'h OF SIGNING Gene R. Brantner Norman Carlson TAPE # 83-154 u5r Ja que e John DOCKET # 83-84 LHR 89 DAY FILE: January 9, 1984 ATTENDANCE RECORD DATE: nerember 28, 19R3 TODAY ' S HEARINGS ARE AS FOLLOWS : #83-84 - USR, Elmer E . Lundvall #83-85 - USR, Andrew Veeman #83-87 - USR, Frederic L. Syman #83-88 - USR, Bellwether, Cache & Elwood Oil Companies PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ,7 -, C3 - `.ii rr n e' S 7 E✓.0 -5 ° ✓ ?c. i-' t i7 ,. C,i� 6.-e Yir y e / tr /1/'/V' l:_I(Ze/i;' ::1' !AI, /r- .)'f. 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S t4 .,la .c't16 December 5, 1983 Board of County Commissioners Weld County Colorado 915 10th Street Greeley, Colorado 80631 Re: Use By Special Review USR 600:83:63 Dear Chairman Carlson: This letter is to confirm that a majority of the Commissioners have allowed JER, a Partnership to install and complete concrete pads which will be used for installation of equipment if the Use By Special Review is approved. Your permission is only for the installation of the concrete pads and the undersigned acknowledges and agrees that in the event the Use By Special Review is not approved, the pads must be removed in a timely fashion. We guarantee that upon denial the pads will be removed. orely, Elmer E. Lundvall JER, a Pax tnership P. 0. Box 929 Greeley, Colorado 80631 cc: Weld County Department Planning Services . ,ten.Rpc,gC 'Rnho't� PR�•s-!�4�N 19gf3 `DLO' Z z . -r /2 3 r. Affidavit of Publication STATE OF COLORADO. 1 ss County of Weld, 1 f, 2-__) ) )/1_21‘.).2 F L-1 of LEGAL NOTICE . ✓ . said County of Weld. being duly sworn, say that I m blisher of - NO110E - , �ac(( �Oarf /L, ftiibrlbthe spNrq lama dthe See a same ,is a weekly newspaper of Colorado and tc h City Toe- that of general log ordinance,aprryb NSW M be Iss4 in the Chamber d GieGoIrd d circulation and)printed and published in the CoyM Fagtygp�r d Coesty town of ---)—a"-- Q�FC.�[.�C f1 Colorado. W10th s tablet Canter,916 10th Street, .,. Col- in said county and stale: that the notice or adver credo.at the then si*MM'd Pewee In any meaner Wsseeted In the Use By tisement, of which the annexed is a true copy, Special Review are requested to attend has been published in said weekly newspaper end may be heard. far consecutive BE IT ALSO KNOWN gust the ten and main.e certified by.the Wald County weeks: that the notice was published in the Planning Commission may lwamined regular and entire issue of every number of said b the elks df the Clerk tot eBoardof newspaper during the County Commissioner.located la the pap period and time of puhli. Weld County Centennial-Center. 915 cation of said notice and in the newspaper 10th Streik Third Floor,Greeley,Col- orb. proper and not in a supplement thereof; 'hat the first publication of said notice was contained in DOCKET NO.9384' the issue of said, ewspaper bearing date. the.. -':APPLICANT . day of _ ..e C A.D.. 19 d j GIthlAElmusvenge v till and the last publication thereof, in thvesue of Greeley.Wiedo 80691 said,neWl � sspaper bearing date, the tthe day cf DATE: December n, 1983 1y e( 19+; that the said i' 7E:2:00 P.M. REQUEST: Use by Snood gee"' r t j ar Z. c— :4;e1 L6l/t—' TIME:.Naturel gee processing OW has been published continuously and uninterrupt- LEGAL DESCRIPTION edly during the period of at least fifty-two con- PartdtheMIK, gl6.Township b West eculive weeks next prior to the first issue thereof 5 Noah,Range 66 West gftbe 6th P.N.. containing said notice or advertisement above Weld County,Colorado.' referred to; and that said newspaper was at the BOARDOF COUNTY time of each of the publications of said notice, COBMISISONERS WELD COUNTY,(p1ARAD0 duly qualified for that purpose within the mean- ing of an act, entitled, "An Act Concerning Legal BY:MARYANMPEUERSTEIN Notices, Advertisements and Publications, and COUNTS'CLERK TORECORDER AN'CLERK TOME BOARD the Fees of Printers and Publishers thereof, and -BY:Mao Reiff.Deputy to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act." approved April 7, DATED:December 7.Me 1921, and all amendments thereof, and parboil- PublYhnd in the la Salle Leader larly as amended by an act approved. March 30, intraday,December MM. 1119923 / 'dd an act approved Ma 18. 1931. ACe Asher Subscribed and orn to before me this day of ." ' ' AA DD / .., 19 My commission expires /(—7—er_ - -- • Notary Public EL.3e:.r .). 22019 Wt.r:' y. GRE'ELEY. co ' )b3 i Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Lynne S. Adriansen of said County of Weld, being duly sworn, say that I am an advertising derk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) (?) that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of or m.eo said notice, and in the newspaper proper and not in a ers of 10A CWMy,Paler 1 Cttee,;Ceflley;l,Cerado 10th supplement thereof; that the first publication of said Street, Grittily; Colorado, at the time ere : All In'thes In any. notice was contained in the issue of said newspaper menner interested in"the Use-by Bpend dmay ere requested to bearing date •tinkled end O KNOWN l en In ps so o that the text Count/ cm Commission Welmay Thirteenth Count/amioodPlanning 1$ The office' may Clerk f hedboardd CountyCorn day of December A.D. 19 3 County Centennnlall cented ter,9 Weld 1$ 10th and the last publication thereof; in the issue of said Street, Third PI , Greeley, Col- orado. I, newspaper bearing date the DOCKET NO.80-M APPLICANT Elmer E.{-undyed 1770 25th Avenue Thirteenth •• Gr�ei y,Colorado 606.1i DATE:December S.1953 TIAQE: $TP:M. day of December A.D. 19 83. -REQUEST:: Use y Special Review Natural wis In plant that said The Greeley Daily Tribune and The Greeley LEGAL ION IGN NW Section ae Republican, has been published continuously and Towns Ip S c anpa,,M1 West of the 0-A.P.M. /h AaD OF uninterruptedly during the period of at least six fSOARD OF COUNTY COMMISSIONERS months next prior to the first issue thereof contained WELD RADO BY:MARYAIf COUNTY,FE ELQTEIIN said notice or advertisement above referred to; that said .dam newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. December 13,1983 Total CharF;e: $12e76 Advertising Clerk Subscribed and sworn to before me this ay of December A.D. 19 83 lay Commission Exp'res Jan. 14, 1986 ommission expires/ otary Public NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 83-84 APPLICANT Elmer E . Lundvall 1770 25th Avenue Greeley, Colorado 80631 DATE: December 28, 1983 TIME: 2 : 00 P.M. REQUEST: Use By Special Review - Natural gas processing plant LEGAL DESCRIPTION Part of the NWa, Section 36 , Township 5 North, Range 66 West of the 6th P .M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: December 7 , 1983 PUBLISHED: December 15 , 1983, in the LaSalle Leader DATE : Dec 5er 7 , 1983 ' 0: The Board of County Commissioners Weld County , Colorado ROM: Clerk to the Board Office commissioners : If you have no objections , we have tentatively set the Following hearings for the 28th day of December, 1983 , at 2 : 00 P .M. Docket No. 83-84 - Elmer E . Lundvall, USR-Natural gas processing plant Docketlio. 83-85 - Andrew Veeman , USR-Dairy operation OFFICE OF THE CLERK TO THE BOARD BY: //&LA. Z, -Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO y � ////,' /it/72 �o BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Graff that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: U.S.R. 600:83:63 In NAME: -Elmer Lundvall V DE; c 2 1983 I , LJ ti ADDRESS: 1770 25th Avenue, Greeley, to 80634 ci3 LOLL). REQUEST: A Use by Special Review Permit for a gas processing plant -LEGAL DESCRIPTION: Part of the NWT, Section 36, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: 1.5 miles south of Greeley City limits; east of Weld County Road 35 -and south of Weld County Road 52. be recommended favorably to the Board of County Commissioners for the following reasons: 1. -The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24. 3. 1. 1 et seq. of the Weld County Zoning _Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan; - The proposal is consistent with the intent of the "A" (Agricultural) Zone District in which it is located; - The uses which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as projected by the Comprehensive Plans of the Cities of Evans and Greeley; No overlay districts affect the site; - Use by Special Review Operations and Design Standards provide adequate Protection of the health, safety and welfare of the -neighborhood and County. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording; 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. Motion seconded by: Vote: Tor Passage Against Passage -Bill McMurray Jack Holman Lydia tunbar Doug Graff Paulette Weaver Bob Ehrlich U.S.T. 600:83:63 -Elmer Lundvall A Ilse by Special Review Permit for a as processing plantPart of the NW4, Section 36, T5N, R66W of the 6th P.M. , Weld County, Colorado December 20, 1983 Page 2 The Chairman declared the -Resolution passed and ordered that a certified copy he forwarded with the file of this case to the -Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 20, 1983 and recorded in Book No. VIII of the proceedings of the said Planning Commission. Dated the 20th day of December, 1983. Secretary OPERATION STANDARDS Elmer Lundvall U.S.R. - 600:83:63 J . She uses permitted shall be a natural gas processing facility as -described in the application materials on file with the Department of Planning Services. 2. A six (6) foot chain link fence, topped with three strands of barbed wire, shall enclose the Use by Special Review area. 3. An air emissions permit for the facility must be obtained from the Air Pollution Control Division, Colorado Department of Health, 4210 -East 11th Avenue, Denver, CO 80220. 4. Construction of a flare pit shall be prohibited in the Use by Special Review area. 5. The appearance of the facility shall be maintained in a neat and orderly condition through periodic Painting and maintenance. 6. The Use by Special. Review area is situated on soils susceptible to wind erosion when the soil surface is not adequately protected. The entire subject site shall be covered by either gravel or a vegetative cover, as recommended by the Soil Conservation Service, to prevent wind erosion. Said subject site shall be restored to its original condition by the operator and/or owner upon cessation of the prescribed natural gas processing facility. 7. The Use by Special Review area shall be limited to two (2) access points on Weld County Road 35. -8. Liquified petroleum gases (LPG) is considered a hazardous substance per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall list the maximum quantity of LPG expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency -Response Coordinator. Evidence szf this listing shall be provided to the Department of Planning Services prior to the issuance of building permits. 9. The proposal shall comply with all City of Evans Ordinances pertaining to truck traffic. 10. Within thirty (30) nays after final approval by the Weld County Building Department or after the plant is on line, the LaSalle Fire Protection District shall be contacted and invited to attend instructional training and meetings concerning shutdown and fire control at the plant site. A key allowing access to the said site shall be delivered to a representative of the LaSalle Fire Protection District. 11. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 12. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 13. Representatives or members of the Weld County -Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. OPERATION -STANDARDS Lundvall USA 600:83:63 Page 2 14. The Use by Special Review shall be limited to the glans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material -deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit ty the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office eff the Department of Planning Services. 15. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 16. The applicant shall work with the LaSalle Fire Department to determine if a heed exists at said site for a fire hydrant, and if a fire hydrant can be shared with the Valley Energy facility across from Weld County Road 52. Date: December 20, 1983 CASE NUMBER: U.S.R. 600:83:63 NAME: Elmer Lundvall -ADDRESS: 1770 25th Avenue, Greeley, Co 80634 REQUEST: A Use 'by Special -Review Permit for a gas processing plant LEGAL DESCRIPTION: Part of the NW4, Section 36, T5N, R66W of the -6th P.Y. , Weld County, Colorado LOCATION: 1.5 miles south of Greeley City limits; east of Weld County Road 35 and south of Weld County Road 52. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion -of the Department of Planning Services staff that the applicant has shown compliance with Section 24. 3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. — The proposal is consistent with the intent of the "A" (Agricultural) Zone District in which it is located. - The uses which would be permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as projected by the Comprehensive Plans of the Cities of Evans and Greeley. - No overlay districts affect the site. - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and -welfare of the neighborhood and County. The Department of Manning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review -Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review Plat and the plat has been delivered to the Department of Planning Services office. OPERATION STANDARDS Elmer Lundvall U.S.R. - 600:83:63 1. The uses permitted shall be a natural gas processing facility as described in the application materials on file with the Department of Planning Services. 2. A six (6) foot chain link fence, topped with three strands of garbed wire, shall enclose the Use by Special Review area. 3. An air emissions permit for the facility must be obtained from the Air Pollution Control Division, Colorado Department of Health, 4210 East 11th Avenue, Denver, CO 80220. A. Construction of a flare pit shall be prohibited in the Use by Special Review area. 5. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 6. The Use by Special Review area is situated on soils susceptible to wind erosion when the soil surface is not adequately protected. The entire subject site -shall be covered by either gravel or a vegetative cover, as recommended by the Soil Conservation Service, to prevent wind erosion. Said subject site shall be restored to its original condition by the operator and/or owner upon cessation of the prescribed natural gas Trocessing facility. 7. The Use by Special. Review area shall be limited to one (1) access point on Weld County Road 35. C. -Liquified petroleum gases (LPG) is considered a hazardous substance per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall ' ist the maximum quantity of LPG expected at the site with the State Health Department - Division of Waste L3nagement and with the Weld County Emergency Response Coordinator. Evidence of this listing shall be provided to the Department of Planning Services prior to the issuance of building permits. -9. The proposal shall comply with all City of Evans Ordinances pertaining to truck traffic. 10. Withjh 30 days after final approval by the Weld County Building Department or after the plant is on line, the LaSalle Fire Protection District shall he contacted and invited to attend instructional training and meetings concerning shutdown and fire control at the plant site. 11. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 12. The applicant shall comply with the Operation Standards for Uses by _Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 13. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the mite at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. OPERATION STANDARDS Lundvall USR 600:83:63 Page 2 14. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld ,County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of ounty Commissioners before such changes from the plans and/or Standards are permitted. Any _other changes shall be filed in the office of the Department of Planning Services. 15. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with Any of the above stated Standards may be reason for revocation of the _Permit by the Board of County Commissioners. • l , C r 7 a' .a LAND USE APPLICATION SUMMARY SHEET December 20, 1983 CASE NUMBER: USR-600:83:63 NAME: Elmer E. Lundvall ADDRESS: 1770 25th Avenue, Greeley, Colorado 80634 REQUEST: A Use by Special Review Permit for a Natural Gas Processing Plant LEGAL DESCRIPTION: Part of the NW', Section 26, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: 1.5 miles south of Greeley; east of Weld County Road 35 and south of Weld County Road 52 SIZE OF PARCEL: 5 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The Criteria for review is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has not received any objec- tions regarding this application. The use proposed is allowed in the "A" (Agricultural) Zone District as a Use by Special Review. The Planning Commissions for the cities of Evans and Greeley have not yet • met on the proposal. The results of their meetings will be presented at the Planning Commission meeting., FIELD CHECK FILING NUMBER: USR 600:83:63 DATE OF INSPECTION: 12-9-83 NAME: Elmer Lundval REQUEST: Use by Special Review for a gas processing plant LEGAL DESCRIPTION: Part of the Northwest 1/4, Section 36, Township 5 North, Range 66 West LAND USE: N Weld County Road 52, Radio Towers E Agricultural Production S Sewage Lagoons for Hill-n-Park Subdivision & Platte River W Pasture ZONING: N Agricultural LOCATION: 1.5 miles south of Greeley City E Agricultural limits; east of Weld County Road 35 S Agricultural and south of Weld County Road 52 W Agricultural COMMENTS: Subject site currently lies fallow. Access to site is via an access road running from Weld County Road 35, a paved road. Site lies south and west (1/4 miles) of proposed Valley Energy gas production site. Site is nearly level. BY: mes R. May - Cu ent 'Planner JRM:dg f Y $ 1 I. , _ ) Aq lam_, ,2--▪ IM »• x] 1• • xo 1 x ••I z: zLL' ] x. v-k7",1• - za 1,O1:4 , • x xx "• 1 : o . •1• 1 Noun,b ' See sr • • • • 1I11• : t • ‘...- ,e•!�• ° °•' In iL ♦• •I•. Lo4e L 1.....i �j�...wi QF ° •• I • 1 O � • rQ �` . . w • p , -.. 1• I NM I 1�� 1;'o• u ° C ,I "C T N • c, �+ ' �,LY r• w ® ® • •vv L. CJ iid W / ��pciti 1�44i/�• . - B • e, 12 • o.` 3 -- i w •. , 4 ilit I • of vS•ffiO ,Wir. J � �J I , �y:4LI:,'+sit .- tauIt � J. x..'I J% IItI•� f F Y F 21AERSSr . rb• 2.0: 14 '/ • - /i J f" /EVANS 1 1 • Jv '• :,V\67.'. " c.ellr NIL " .,a !. ”Ir] �• ), I• 1 .1 � _ �� -44-4isi• • Norte • �_._ l " • First ICorrech on I P - . 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"I_ }fi 4'_ S " a ♦a- . . -. ! r ~ � � i i { .4 v' h?m 'L ' 1 APPLICATION 3E BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 / / • , Case Number ,-`,,:r 7 Date Received ., - , Application Checked by _3 ill Application Fee _5 6 ° Receipt Number / :3/ VD, Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the _ro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: (For full legal description, See Exhibit "A") LEGALDESCRIPTION I OF SPECIAL REVIEW PERMIT AREA: Part of Section 36 L G D LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: N W1/4 Section 36 T 5 N, R 66 w Property Address (if available) n/a PRESENT ZONE A OVERLAY ZONES none TOTAL ACREAGE ( to be determined) PROPOSED LAND USE gas processing plant EXISTING LAND USE waste and ag • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: JER, a Colorado Partnership Address: 1770 - 25th Avenue City Greeley Zip 80634 Home Telephone # --- Business Telephone # 352-8730 Name: Address: City Zip Home Telephone # Business Telephone Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Elmer E. Lundvall (Partner) Address: 1770 - 25th Avenue City Greeley zip 80634 Home Telephone # 330-0282 Business Telephone # 352-8730 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Owner Name: Colorado State Board of Land Commissioners Address: 1313 Sherman Street, #620City Eenver, Zip 80203 Lessee Name: Rex H. Paullus, Jr. Address: P.O. Box 27119 City Denver Zip 80227 Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) J STATE OF COLORADO ) i � Sig a re: fawner r uthorized o Agent Subscribed and sworn to before me this day of 19 SEAL ci„,t�/ 4 NOTA Y'i f° /" n e, PO6-ei My Commission E(�TA eu Aoc ���CCC���((C��� My commission expires August 22, 1987 C • KENNETH F. LIND THE LAW BUILDING GEORGE H. OTTENHOFF I0I I ELEVENTH AVENUE P.O.BOX 326 ATTORNEYS AT LAW GREELEY, COLORADO 80632 TELEPHONE O03)353-2323 November 18, 1983 Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Use by Special Review Application (JER Partnership) Gentlemen: Attached to this letter are supporting documents, maps and fees for consideration by your office of a Use by Special Review Application. Please consider this letter as a part of said Application as it does address certain Application requirements. The proposed special use is a gas processing plant which will be located on a small parcel of acreage in the "A" zoning district. The property proposed for the plant is extremely marginal agricultural land lying North of the Evans Town Ditch and is on a parcel of property_which is so small that it is not economical or practical for primary agricultural production and consists of much waste land. Additionally, the property proposed for the plant is located immediately North of a sewage lagoon system owned by Hill-N-Park Sanitation District, and is therefore in an ideal location for such a facility as it is not contemplated that any type of residential growth will take place next to sewage lagoons. It is our opinion that the proposal is consistent with the comprehensive plan as it does not infringe upon any continued prime agricultural use in the vicinity and clearly will not have any type of adverse impact on agricultural interests or the enviornment. In fact, this processing plant will have a positive impact upon agricultural interests as it will be a facility to process gas and related hydrocarbons delivered to the location by means of pipeline from farms located in the area, thus giving the farm and mineral owners a place for the sale of their gas and related hydrocarbon products. The proposal is consistent with the intent of the agricultural zone district as such a use is allowed and provided for as a use by special review pursuant to the Weld County zoning ordinance. As previously stated, this processing plant will be compatible with existing uses and future development as no future residential development is contemplated due to the location of the sewage lagoon system. Existing uses on all locations (except to the South for the sewage lagoon system) are agricultural Weld County Department of Planning Services November 18, 1983 Page Two with significant oil and gas development located upon the agricultural lands. The comprehensive plan map for the cities of Greeley, Evans and LaSalle generally indicate this property to be in a green belt or open space area with residential growth to take place to the North. Thus, such a use is compatible and projected by the comprehensive plans and is a good location. The engineering of the site, as well as any operation standards which may be added to the platting, will provide for adequate protection, safety and welfare of the immediate neighborhood and county. The following portion of this letter in support of the Application is a detailed description of the use and operation of the proposal. The specific use is a gas processing plant consisting of a 18,000 gallon propane tank (approximately 10 feet by 45 feet), a compressor (approximately 14 feet by 35 feet), the actual gas processing plant (approximately 12 feet by 30 feet) and a 300 barrel liquids tank (approximately 10 feet in diameter) all of which facilities will be used to receive gas and related hydrocarbons in a pipline, to separate the gas from the liquid hydrocarbons, with the separated liquids to be pumped into either the propane or liquid tank and the gas to then be compressed and delivered into a pipeline for eventual delivery into a gas pipeline for the Greeley Gas Company and delivery to Greeley Gas Company customers. The liquids stored in the tanks will then be removed by a tanker truck and delivered to a refinery in the Denver area. There are approximately five residences located within one-half mile of the proposed site, the closest being to the South of the proposed site, said home being nearly adjacent to the sewage lagoons. Additionally, a set of radio towers are located approximately one-half mile to the North but this operation will not interfere with those towers. There will be one employee working eight hours during the daytime on a temporary basis at the site. There will be no other users or employees or animals located at the site except for occasional operations and maintenance men. Vehicular traffic will be minimal with the temporary employee using a pickup truck at the site, and it is expected that maintenance men will also use pickup trucks. Additionally, approximately one day per week a tanker truck will visit the site to empty the liquid tank of liquid hydrocarbons for delivery to a refinery. It is contemplated that the truck will be a 6,000 gallon tanker type truck using 35th Avenue, County Road 52 and County Road 396. Most of the traffic use will be County Road 52 East to U.S. 85. As the proposed facility will not have need of sewage facilities, waste storage or the need for removal of other wastes, none will be removed except, of course, all materials during construction that are waste materials will be removed. Any debris which may accumulate at the site during the operations will also be removed. Weld County Department of Planning Services November 18, 1983 Page Three It is contemplated that construction will take approximately 30 days with no landscaping being proposed due to the low visibility location and existence of -the sewage lagoon in the area. A 6-foot chainlink security fence will be installed for security purposes as well as security lighting. The applicant will {provide landscaping along the North by use of Russian Olive and/or Chineese Elm trees if the same is determined to be necessary. The expected life of the plant is 20 years, and when the plant is no longer needed or used for operations the same can be removed with very little damage to the existing land surface. Alternative uses such as farming can then be resumed at the site or the same converted to open space. Entrance keys will be delivered to the appropriate fire protection district and all equipment will have automatic failsafe shut-down devices which will be maintained at state of the art capacity to insure adequate safety. Additionally, all fire code standards will be met including spacing requirements as recommended. The facility will be described and shown prior to operation to appropriate fire protection district personnel. The compressor unit including the fan and engine generate noise of 82 DB's at five feet. As the fan is directed in a Southeast direction, there should be no noise problem whatsoever as the nearest residence to the Southeast is approximately three-quarters of a mile (South of the South Platte River). It should also be noted that the noise is well within standards as the Occupational, Safety and Health Administration as well as the Enviornmental Protection Agency which have set noise standards being 90 DB's at 20 feet. At this time it does not appear that this facility is located within a flood plain hazard development as determined by the Army Corp of Engineers, but if this is determined to be in such- a "overlay" district within the Weld County zoning requirements, the applicant will comply with any special requirements or regulations for the flood hazard construction and will apply for and receive all necessary permits for construction of the facilities as needed. The facility will be constructed and installed in such a manner that the same will not be deemed to be hazards in the event of any projected flood. As a final note, it should be stated that storage structures at the facilities will be engineered and constructed with holding berms of sufficient size and capacity to hold any accidental spillage or leakage which is not contemplated due to the nature of the operation. As this proposed use is consistent with orderly development of the County and is directly related to the expanding oil and gas industry of the County, we request that you approve this special use. Very truly yours, LIN OTTEN r I th F. t nd KFL/cg ( REFERRAL LIST APPLICANT: Elmer E. Lundvall CASE NUMBER: USR-600:83:63 SENT REFERRALS OUT: November 23, 1983 REFERRALS TO BE RECEIVED BY December 12, 1983 z o H Z o H 41 m I H w ff Q N H Z 0 C.) z ao. " H z a ti w > U) w cn 8 Hpn O w w O -O o a Z CO W Z 0 M z z County Attorney (plat only) Colorado Department of Natural _ �( Resources Weld County Health Department / Oil and Gas Commission Xx 1313 Sherman Street Engineering Department Denver, Colorado 80203 RR — County Extension Agent Sharon Linhart Planning Commission Member _ Colorado Geological Survey Office of Congressman Hank - 1313 Sherman Street Brown _ Room 703 1015 37th Avenue Court Denver, Colorado 80203 • Greeley, Colorado 80631 IJ Greeley Soil Conservation Service 4302 West 9th Street Road Greeley, Colorado 80634 La Salle Fire Protection State Engineer District Division of Water Resources P.O. Box 245 1313 Sherman St. , Room 818 La Salle, Colorado 80645 Denver, Colorado 80203 City of Greeley State Highway Department Greeley Civic Center 1420 2nd Street 919 7th Street Greeley, Colorado 80631 Attn: Ken McWilliams Greeley, Colorado 80631 7 Colorado Department of Health Water Quality Control Division City of Evans 4210 East 11th Avenue P.O. Box 59 Denver, Colorado 80220 3700 Golden Evans, Colorado 80620 ATTN: Glen Crowson I ii ( (n� ( • C% , y,y_. `L. i.z;_ i\ i V 4J�,H fff1 `\ l� cez,- I ` i,r,w, +uz anon EXr 4r I \ Iill .iA 4J l.,zl.3 l J oiS lur„ STRFL �,.�� - ,� i� j9EELEV,COLOR 0,) ;06a -0 � , j i ' VftW Co. Phnom Cnmmisslar ® CASE NUMBER ESR-600:83:63 COLORADO November 23, 1983 REFERRAL TO WHOM IT MAY CONCERN: Enclosed is an application from Elmer E. Lundvall for a its° by crer;al Review Permit for a Natural Gas Processing Plant The parcel of land is described as part of the NW! Section 36. T5N. R66W of the 6th P.M , Meld County,_ Colorado The location of the parcel of land for which this application has been submitted is two (2) miles south of Greeley City Limits; east of Weld County Road 35 and south of Weld County Road 52 This application is submitted -to your office for review and recommenda- tions . Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing .of the proposal and will ensure prompt considera- tion of,:your recommendations. If .a response from your office is not . ' received within . 14 `days of mailing from ou_r office, :it .may. be in ,- terpreted to mean approval by your office. 'If .you .-area.unable. -toy: - respond .within 14`days (but wish to do 'so :at ;a later -date) Please• _ notify our-_,o£fice to that effect. Check the appropriate boxes below' and return to our address listed _ . above. Please reply by December 12; 1983, so that we may give c full consideration..to. your recommendation. .Thank you very much for .. your help and cooperation-in this matter . - . 1. We have reviewed the proposal and find no conflicts with our . interests. 2. A formal reconmiendation is under consideration and will be submitted to you prior to below 3 . c4,-- Please refer taxtbaxwockmerbobedxtum - Ca. Signed u �n_ C A ency Date U. a9 -t,-,i O-,w Ctcaa- .. c-rt,Cc� t D e mes R. May_ , Cu rent Planner JRM:rjg r � MAILING LIST USR 600 Elmer Lundvall Hill N Park Sanitation District Box 929 Greeley, CO 80631 Central Weld County Water District 105 18th Street Greeley, CO 80631 Fujio Ishiguro 2030 49th Street Greeley, CO 80634 Harry and Margie Schank 608 9th Street Greeley, CO 80631 Ruth Carey Plage 3600 49th Street Greeley, CO 80634 Marion and Sandra Hanes 3610 49th Street Greeley, CO 80631 Richard and Willa Warehime Box 206 Evans, CO 80620 Thomas Schank 608 9th Street Greeley, CO 80631 Ralph Green 2130 16th Street Greeley, CO 80631 Four Quarter Land Co. , Inc. 26th Street & Greeley By-Pass Greeley, CO 80631 Merel and Viola Meyer 1419 15th Street Greeley, CO 80631 Case Number USR-600:83: 63 H,; L _ .) DEPARTMENT OF ELL.;:':.':C SE,,`.'ICE ` 1 PHONE 13031 3564000 EXT 404 (i 0 11"' 91510TH STREET <;} , GREELEY,COLORADO 80631 .° , s . eg ' V. November 23 , 1983 COLORADO ;r ('-"j t% }1I/tic: ^r REFERRAL LJ C 14 190^3 WeldTO WHOM IT MAY CONCERN: C9. Planning co r2��u�ca Enclosed is an application from Elmer E. Lundvall for a Use by Special Review Permit for a Natural Gas Processing Plant The parcel of land is described as part of the NW's, Section 36, T5N, R66W of the 6th P.M. , Weld County, Colorado The location of the parcelof land for which this application has been submitted is two (2) mile_s south of Greeley City Limits: east of Weld County Road 35 and south of Weld County Road 52 This application is submitted to your office for review and. recommendations. Any comments or recommendations you consider relevant to thisrequest would be :ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be interpreted to mean approval by your office. __If you are unable to respond - _ _ _ within 21 days (but wish to do so at a later date) please notify our office to that effect. . Check the appropriate boxes below and return to our address listed above. Please reply by December 12. 1983. so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (does does not) comply with our Comprehensive Plan for the following reasons: 2. We do not have a Comprehensive Plan but we feel this request is (is/ is not) compatible with the interests of our town for the following reasons: 4 . with proper noise control and buffering. al nn with routing trucks such that they do no pa h ough o , Ci y's residential areas. this operation should be acceptable. Applicant has. aereed to furnish us a letter to this effect. • 3. A formal recommendation is under consideration and will be submitted to you prior to 4. Please refer to the enclosed letter. r Sig t/� //r J Agency City of Evans Date 12-9-83 Planni g and Zoning Director Thank you very much for your help and co-operation in this matter. es R. Mayerl, Cu ten Planner • JRM:rjg , pop ' S iG 1Sa3 GREELEY CIVIC CENTER GREELEY, COLORADO 80631 �(3Ddeiff0353126n23' LUIIIIIII$$1011 December 15, 1983 Mr . James Myerl , Current Planner Weld County Dept . of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr . Myerl : The Greeley Planning Commission reviewed the request by Elmer Lundvall for a Use by Special Review to permit a natural gas processing plant located southeast of Weld County Road 35 and Weld County Road 52. At its meeting on December 13, 1983, the Commission recommended no objections to the proposed facility as requested by the applicant . Thank you for the opportunity to review and comment on this referral . If you have any questions with regard to this matter , please do not hesitate to contact our office . Sincerely, Ken McWilliams City Planner KM:vlp ,La saiw lire Protcct/ot1 District PHONE: 284-6336 rr. December 16, 1983 Qi _i2i4`; i .} \t/r Mr. James R. Mayerl u" 1G 1963 Department of Planning Services 915 10th Street Greeley, Colorado 80631 Weld CO. Planning Cammiuiou Dear Mr, Mayerl, The La Salle Fire Protection District has reviewed the proposals from Elmer E. Lundvall and Valley Energy Inc. for Natural Gas Processing Plants to be located just East of the intersection of Weld County Roads 35 & 52. We find no conflicts with our interests as long as the construction and operation of the Processing Plants meets all applicable Standards of the American Petroleum Institute and the Uniform Building Code Standard Number 9-1. We would also ask that when construction is completed that the La Salle Fire Department be notified and a tour of the site will be set up. We have no facilities of this type in our Fire Protection District at this time so the purpose of the on site tour will be two fold; 1) To allow the firemen-'to 'familiarize themselves with this type of installation 2) After the tour portable fire extinguisher locations will be suggested to the owners. Thank you for this opportunity to comment on these proposals. S (aA ly, Gary zandau, Fire Marshal La Salle Fire Department 118 MAIN STREET P.O. BOX 414 LA SALLE, COLORADO 80645 December 19, 1083 Evans Planning Commission City of Evans Evans, Colorado 80620 Re: Gas Processing Plant Attention: Ray Phillips P part of the NW' of NW . of Sec. 3F Twp 5 N R FF W of the 6th P.M. Weld County, Co Dear Sir: This is to confirm that I will route all truck traffic from the plant site to the west or North on 35th Avenue to Hinhway 34 that is desiginated for truck use, we also will have fire extinguishers on the site at all times. I will construct a security fence around the property six feet high and I agree that if and when a tree screen is needed, this will he done at that time. Sincerely, c‘-E/hilef. E. Lundy9 1 . Weld Gas Gathering Company EEL/lb DETERMINATIONS TO BE MADE BY THE BOARD OF COUNTY COMMISSIONERS ON USE BY SPECIAL, REVIEW REQUESTS 24.4.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special. Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24.2.2, 24.5 (design standards) and 24.6(operation standards) . The applicant has the burden of proof to show that the standards and conditions of 24.4.2, 24.5 (design standards) and 24.6 (operation standards) are met. The applicant shall demonstrate: 24.4.2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24.4.2.2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4.2.3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.4.2.4 That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities. 24.4.2.5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Resulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24.4.2.6 That if the USE is proposed to be located in the A-District, that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24.4.2.7 That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Cd- 0 1 1 NOV 2 1 1983 1�,ii 4 KENNETH F. LIND N D , d �! J THE LAW BUILDING GEORGE H. OTTENHOFF T E N H O F F GRi.aLi_Y. GOLO' 1011 ELEVENTH AVENUE P.O.BOX 326 ATTORNEYS AT LAW GREELEY, COLORADO 80632 ' TELEPHONE(303)353.2323 November 18, 1983 Board of County Commissioners, Weld County 915 Tenth Street Greeley, CO 80631 Re: Commissioner Hearing Scheduling Dear Chairman Carlson: Attached to this letter, please find a copy of the entire Application for a Special Use which has been submitted to the Department of Planning Services on November 18, 1983. I am informed that the Application is in order and has been scheduled to be heard by the Planning Commission on December 20, 1983. Based upon contractual considerations between Lundvall Oil and Gas, JER Partnership and Greeley Gas Company, it is necessary that your consideration and review of this Application take place in 1983. We would request pre- advertisement and scheduling of this matter for your December 28, 1983 Board hearing. We thank you very much for your attention and cooperation in this matter, and we sincerely hope that you can accomodate our request. Very truly yours, LIND & OTTEN OFF 1 K nneth F. Lind i7,1:, KFL/cg ., APPLIGA'._O:S US. BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: (For full legal description, See Exhibit "A") LEGAL D EGAL R I DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Part of do)!/ Section 36 T6 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: NW1/4 Section 36 T 5 N, R 66 W Property Address (if available) n/a PRESENT ZONE A OVERLAY ZONES none TOTAL ACREAGE ( tO be determined) PROPOSED LAND USE gas processing plant EXISTING LAND USE waste and ag • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: JER, a Colorado Partnership Address: 1770 - 25th Avenue City Greeley Zip 80634 Home Telephone # -- Business Telephone # 352-8730 Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Elmer E. Lundvall (Partner) Address: 1770 - 25th Avenue City Greeley Zip 80634 Home Telephone # 330-0282 Business Telephone # 352-8730 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: )wner Name: Colorado State Board of Land Commissioners Address: 1313 Sherman Street, #620city Denver, zip 80203 ,essee Name: Rex H. Paullus, Jr. Address: P.O. Box 27119 City Denver zip 80227 Name: Address: City Zip 'I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) -------5---r- Signature: Owner or Authorized Agent Subscribed and sworn to before me this day of 19 SEAL NOTARY PUBLIC • My commission ex `,�__ EXHIBIT "A" All that Part of the Northwest Quarter (NW1/4) of Section Thirty-six (36), Township Five (5) North, Range Sixty-six (66) West of the 6th P.M., which lies north of the Evans Town Ditch as the same now exists. UNITED STATES 1E, DEPARTMENT OF THE INTERIOR `. GEOLOGICAL SURVEY • GREEEEv 35 a, R. 6. W. R. 65 W. I 42'30" lsy5 G2EE To J5 M/ 31 104`45' SjZ000m.E, 9 Ml.TO U. .9+ 22'30" �'• I v Q 124- i Ioo i '69000'a N � �sto h. I �p/�wN OO)+]� 2 r48 4685 •�82:J1/ _,--_ ( / .I 0 „,----- y /4. n , J ) //< ii � O N 0�16�- / < TO PC" N�� v FR , is° / 4( 2 1 ..w • y\+ o Radb •.e� Gavel Pit R 1`i Y �T a. 4 �• o Gravel ••; .n/ a•dl• J f 1 � 6 \.,• . • . _ -.676 _ _ _._0667.. . 4.50 46]O�JtelK ' ,� Y, l'4 •. _r" � e o bb \ < gr io,_____, . v s 4i '� �- _ _ _ o 657 31._____ 1. 4 E y 4667 6 S 0 II� N _ 1_4660-!��• — ` • .4e t.[ r '/ �r� 4662o / bq0 �`� �� 2 I o� I' L"a%11e1 :::• - - • , ,• co Q_OIi P�2 r - _A/ -�' '�BM _ 1\\ pc,/ p T.5 N. qa• \ �o^_a 4668... • i 1 'I II 1� ,,fR I. 0 2 4. -, / s O • Da i r �.. "66 / o> r (.o 4674 J O -_/ em ,j7 LL � _J' N" o NO L�*��>14 ,-/ �� /, 0 1 U00��i-' _ czLe------ .... �V �. 1��4]00 UNION �__ A'i I Well _ .-_-- Well / 4692 'N 1 o G2 /• I • 1 a. Well Well cEa .j X69] �• ° 69J efi9S /", Atoll: QI INDEPENDENT ° _-_ _ - -- — 1 20 4]I2 J Og• I . wWell <p , o Z t I 47/4 00 OL i C) c---) d„---N.2....: rr---\\ 6 WO y 4703 �6<I woos 12 02 I /Well 47/4 11 47/8 I. 0 .1 / Well /' V • a.'"'•• a••ill ,2 r) JUN 2 5 191h Ylt �. Pec 16,331 1 u. y,.hee Jr., iteaadar ' ' hcm:T,1 at._...............__._ o'd«@..:..:..::.N:,- .. .._._..._._Reorder. . .: Reception Q0............_...._......._ .. ,.<NI _.. . - data Stamp :%N 1j. November �' ' Made this 20th day of 'y,'=yr. '1'u;i I3EED, Co„ Inc. 1 1575 ,between Four Quarter Land a .nrporntiun duly organized and existing under and by'virtue of the laws s 1v a sr . t - k• I ei the Stutz 4f Colorado of the fiat part.and JE R, t 'r`. ts Colorado pa rtnerehip • I; and State of I i ` \ ,i County of Weld t C4 D ; ,. . of the second part: 1 ,'`. C••• . Colttradn % �� I Other Good a d �� � • `� � _ _______ qq%�� ii N'Ialuable That the said porn'and the first Part•for and 0 consideration of the sum of L• is ai- of the second part,tree receipt whereof Is obte' v o ,, Valuable Consideration i hand Ten and 00100----- li l4 the'tsi party of the oiled part, in paid by the inid,partyd conveyed,and by these presents doth Aran , r t; its heirs, and usigna for- lj s • p ',ill gain,rnn ll,co any red confirm oath said par bargaind,o i the second part, 4 , ve salt,cu they all wing confirm unto the said putt of land,situate,lying and being In the c w II cewi all of the elm'inc described lot or parcel .. i� r,,nin:y of 'Weld and State of Colorado,town: Z' Al; land! described in instrument! recorded 29 and October 577'30. C. II • 1971, under Reception Noe. 1577328, 5, ,%. li Weld County, Colorado, Recorde. lei-[N + 1 Considerat'y i =4, \ ion lee! than $100.00 Deed executed to perfect I p; I Merger. `ef:'L at- it I 1 I appurtenances therewith belonging, or In anywise `+,(`' Inr the haneitamw5 and aDW refits thereof: and tU the estate, 'IOCE'fr1ER with all and stagu either in law or equity.of,in \�: � nnp:rtlUe, . tad the a and or and whas, remainders, e Won had p t,,;'!, title, fret:rest, claim and demand whatsoever of the said party of the first part. f)s•- � wined premises with the hereditament,and appurtenances.nxdbed with the appurtenances into the .≤,. c^d TO I dwre bergS.}pt{'C AND }TOLD the said premises above et,.and assigns forever.And the said '+ '�' said party of the second part its . party of the flat pars,for itself. P'.. Co. , Inc. , of the second park �. : Four Quarter Land `I{ .. bargain,and agree to and with the said party hese presents it is well 't ��_ ;;rd its successors, cloth scovenant,asgreat, the caseating ire hairs and assiems, that at the time .p deer,abwutte andan'k inch-felivery ofeasible state of Inheritance,in 'n�f; as of•good.sun.M nn bargain,nil and convey the same �_,fr • Irv,in of the premises rebore good right, ybargains. y l_w, fee andf,and bath good rl[ht,full po's'er and lawful and clear to grant, I is p:anner and form aforesaid, and that the same an free clear from all former and other groats, r.. s:dea,li^as,razes,nuraimenn and ineumbnneo of whatarar kind or nature,serer: I .fir f_1 tI I lsj;a:,i o(tha,recur paR III a„I the above bargained Premises in tl.. quiet and peaceable pone.sion of the said party{ heirs and assigns,against all ac f icr wilor personsl Alit' claim o DF-p'Fim th* tei11 , ' r�.... pttre4.,the said p-aty T e! d fire p ; rte of the first part }.rah caused its r,:poste name to be hereunto '� 1 '- • )r 1IF.RF.O}, abn said p= attested hr its f-- �{ .�. 'dma,a'.A its r rat.n he hw.uatu uflw J. 4[> r ' L .i- ' rd fa� atm r:•$ten. _ err a. ndk': . .FOUR.O.UACIER..LAN,15. .e0_». INC__.- ;' s•°b I a a • '^ . r ... Tn.—lint Rc I , 5 a rd • r , :)At1. (Yr r•OWRAUo l,a J �''• .e:,:i.t:r of Weed Id ..-.1 P / Ylpr , : I -t r L ,trey e: ; ``p t ^'.... .. Praia ant and • iyP Cd. .. as I. ref u Qi .lo John L Shupe ..'2 , Secretaryot J ., o as n corporation. I. 17;nl Roy Lund wall i• • •s � Four Oua leer Land Co. . Inc. •""' O I'. -f '.q r ftnr si t s �' Witt.., t di.,calY1o'n.:..i,..I, , I t, ire: .e r t [2 L ,a}.ear ..... ♦L4• e • e � -- s--/-tirCer. OCT 211971 • Pt • • toms.Nal Nei Mee tisedr. ranch 0 ,ISO Duo, its,us 9th IN st .-= "' I her- lhe her d Ma Les as P IbMaet a►[Pet d Seventy 1 inter 'eh- FOUR QUARTER LAND CO., INC I .. O. •reredos tidy aefarhd ad eddy_der et WW Arise d the laws d the Mrs d Odrete,d tie Sint pet d I'. O. CIRCLE THREE, INC., •Colorado corporation • Den • d fie Chap d W d F: I ti Mats dc.SS ,t he mesa pee . WMCIIIIIMIL That the add pep d the DM pet hr d h • aeadiretla d Ira a d -. Other Consideration and Ten Doan; •a, a the sat her d the Drat pet r beet pad by the maid party at Y. .mat pat dr meet tared h • N heap rehire d Yiewrdpd,Sib reared,niers{aid,eeereed d QUIT Cana d by Si tee► o ��S. am,S a0.NMI d ee QUIT CLAIM eels the aid oldie p party e seem/ 1b .a. a fee,er.et the*Yet S Sere* d Peed which the eel party d Ye Drat part►ada 0 i o lad m the taf.wbp Pe lbd real property dame bps set Sala the o `:. Core d Weld d far et Calends twit: 0 All at the Northwest Quarter of the Northwest Quarter(NWINWI) Jff r• i of Section Thirty-Six (96). Township Fire(5) North, Range ,.r .J I3 Sixty-Six p6)West of the 6th P.M., Weld Coady,Colorado, Yt+ except that parcel described In Wamnty Deed recorded lo a, ,, Book 684 order Reception 8 1666951, Weld County Colorado Records - I Stet.Documentary Fe. _. I Date Oar 21971 r. - 1 ` V6 • TO HAYS AND TO HOLD dr ease,tartar with.6 d Spahr the ypata•aa d esteem thread hirers et h erwise tharaS .Sri.d a6 S.=tar.Mt S Seat d else whehe._,d the d hid party a the tint pee dh weed pd. 1b/-7e sr s ,S dr alp peeper a betas d head d W age party i " -•CD,WW w® Th ITHaor. e mar tee pet perm d Ant both Magee ram a spgea se. r h hear e , .• `.• el «re ,remora w s h bream arts; i breats;attired b. do ::Dell,r , — , _ =sum • .. - / �i FOUR ARTFR LA O .. P C. I V ter— 'j- - '. •TATf Op ODIDLDO ) _ Ham [Weld in • ' : i Th.-Lmumistbstru mt was adaeatadped bd...se this 9th Ala a September • trio-.$ .......L• ape- a 14e"dat d hit*OURtlSc CQ INC. •re ire6+ • wN YerW ab.f,.elp.i 9• �,� ape..tar.. It.Ia-a, eon a,a -e..w.e psis y..r..at .p,aroei.er,.a.a Ilimilitish.Dosiosi.e+aar -4'1:g -. r • — - , - >.aMoral 4 584 rtb.150�l51 -� WARRANTY DEED— CORPORATION )_ i , >m FOyR atARTFR Lawn ro _71W - • i corporation � � �and foisting under end by virtue of the laver of the 5t+Xe;yev+ondo, for and in condd• I seallo of TFN TOM ARR ANT)CITRFR!loop ANT)PAT RA RS.E_MARTIN )4.110 ___._ Oh i has=In hand paid,does hereby sell and convey x, n d.'N PARK.INC , Cof the Camp of Weld _and State of Colorado,the following real property • to ~... situate In the Camty of W44 and State of Colorado, t... Awit:... All that part of the Northwest Quarter(NW})of the Northwest Quarter(NV/It)of =o Section Thirty-mix(36), Township Five(6)North, Range Sixty-aft<66)West of o. the 6th P. M. which liee South of the Evens town ditch as the same now exists. s 0 M 1 • with all lb appurtenanc• es,and warrants the tide to the same,subject to 1967 General Tares, easements, reservations and rlghtsdyq m i w of record If a , and also subject to . sewage lagoon located thereon. IN WITNESS WHEREOF said caporadas has caused Its corporate name to be hereunto sub albed by ib Prsidmt,and its corporate sale to be hereunto affixed,and attested by Its Secretary thin X6th day of J'd _AD.19A4•L aq.A� /;1/i���/�Fo,'f • • POUR QRARTRR rANn m _nit-, • r:in fink. a • Nam. s' sa r COONCY Or WILD } a . . •The fetesef.g instrument was achmwiedged before sr ems 25th day el A T.19.J,by John L slugs as Inn D. Minos r Secretary d end ma 6F es°!• 0 14 Paw . .sat. AFF1L•AVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Part of the NW1/4 of the NW1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M. STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission d te. The foregoing instrument was subscribed and sworn to before me this 17th day November , 1983 by Kenneth F. Lind WITNESS my hand and official seal . My Commission expires : May 15, 1987 Notary Public NAMES OF O' ' ERS OF PROPERTY WITHIN 500 5-EE- lease print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Hill N Park Sanitation District P.O. Box 929 Greeley, CO 80631 62095936000027 Central Weld County Water District 105 18th Street Greeley, CO 80631 62095936000030 Ishiguro, Fujio 2030 49th Street Greeley, CO 80634 62095936000028 Schank, Harry H. & Margie W. 608 9th Street Greeley, CO 80631 62095935000025 Plage, Ruth Carey 3600 49th Street Greeley, CO 80634 62095926000024 Hanes, Marion Ray & Sandra Kay 3610 49th Street Greeley, CO 80631 62095935000023 Warehime, Richard & Willa R. Box 206 Evans, CO 80620 62095935000022 Schank, Harry H. & Thomas D. 608 9th Street Greeley, CO 80631 62095935000019 Green, Ralph H. 2130 16th Street Greeley, CO 80631 62095925000014 Four Quarter Land Co., Inc. 26th Street & Greeley By-Pass Greeley, CO 62095925000015 Meyer, Merel T. & Viola 1419 15th Street Greeley, CO 80631 62095926400001 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Part of the NW1/4 of the NW1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M. STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. --)?-241gi The foregoing instrument was subscribed and sworn to before me this 17th day of November , 1983 By Kenneth F. Lind. WITNESS my hand and official seal . My Commission expires : May 15, 1987 Notary Public • MINERAL OWNER: Colorado State Board of Land Commissioners 1313 Sherman Street, Room 620 Denver, Colorado 80203 LESSEE: Rex H. Paullus, Jr. P.O. Box 27119 Denver, Colorado 80227 (This lease is in effect until December 17, 1990) Hello