HomeMy WebLinkAbout20012818 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1353 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(NATURAL GAS COMPRESSOR STATION WITH ASSOCIATED INLET AND OUTLET
PIPELINES) IN THE A(AGRICULTURAL) ZONE DISTRICT - HS GATHERING, LLC,
OR ITS SUCCESSORS
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 24th day
of October, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of HS Gathering, LLC, or its successors, 1999 Broadway, Suite 3600,
Denver, Colorado 80202, for a Site Specific Development Plan and Use by Special Review
Permit#1353 for an Oil and Gas Support and Service Facility (natural gas compressor station
with associated inlet and outlet pipelines) in the A (Agricultural) Zone District on the following
described real estate, to-wit:
NE1/4NW1/4NW1/4 and part of the
SE1/4NW1/4NW1/4 of Section 14, Township 2
North, Ranger 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Joe Ventola, Kerr-McGee, LLC, current
operator, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review
of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of
the Weld County Planning Commission and all of the exhibits and evidence presented 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 —The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinances in effect. Section
22-5-100.A (OG.Goal 1) states, "Oil and gas exploration and production
should occur in a manner which minimizes the impact to agricultural uses
and the environment and reduces the conflicts between mineral
development and current and future surface uses." The proposed oil and
gas processing facility is located adjacent to existing oil and gas facilities.
2001-2818
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ec: , )D PL1565
SPECIAL REVIEW PERMIT#1353 - HS GATHERING, LLC, OR ITS SUCCESSORS
PAGE 2
b. Section 23-2-230.B.2—The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld
County Code provides for Oil and Gas Support and Service facilities as a
Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3—The uses which will be permitted will be
compatible with the existing surrounding land uses. The site is bordered
by an existing gas processing facility to the west and a gas processing
facility to the southwest. The remainder of the site borders undeveloped
rangeland. Conditions of Approval and Development Standards will
ensure that any incompatibilities will be mitigated.
d. Section 23-2-230.B.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 City of Fort Lupton. In a referral received August 20, 2001, the City of
Fort Lupton indicated no conflicts with its interests.
e. Section 23-2-230.B.5 —The site does not lie within any Overlay Districts.
f. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The proposed site is designated "Other" by the 1979 Soil
Conservation Service Important Farmlands of Weld County Map.
g. Section 23-2-230.B.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 the health, safety, and
welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of HS Gathering, LLC, or its successors, for a Site
Specific Development Plan and Use by Special Review Permit#1353 for an Oil and Gas
Support and Service Facility (natural gas compressor station wit in the A (Agricultural) Zone
District on the hereinabove described parcel of land be, and hereby is, granted subject to the
following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by Special Review Plat prior to
recording. The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office within 30 days of approval by the Board of County
Commissioners.
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SPECIAL REVIEW PERMIT#1353 - HS GATHERING, LLC, OR ITS SUCCESSORS
PAGE 3
2. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) The applicant shall indicate (clarify) the southern boundary of the
Use by Special Review Permit#1353 site on the plat.
2) The applicant shall indicate an additional 10 (ten) feet of right-of-
way reservation adjacent to Weld County Road 22 on the plat.
3) The applicant shall indicate parking on the plat.
B. The applicant shall attempt to address the recommendations of the Platte
Valley Soil Conservation District in its referral received August 16, 2001.
C. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)
and Emissions Permit Application to the Air Pollution Control Division of
the Colorado Department of Public Health and Environment for emissions
of criteria, hazardous or odorous air pollutants. Evidence of approval
shall be submitted to the Department of Planning Services.
D. In the event the applicant will be disturbing more than five acres at any
given time, the applicant shall obtain a Stormwater Discharge Permit from
the Water Quality Control Division of the Colorado Department of Public
Health and Environment. Evidence of approval (if required) shall be
submitted to the Department of Planning Services.
E. The Use by Special Review Permit#1291 plat shall be recorded.
3. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1353 - HS GATHERING, LLC, OR ITS SUCCESSORS
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of October, A.D., 2001.
BOARD OF C UNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: Mid
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Weld County Clerk to the Bo 861
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/ ,, ;-", s Glenn Va , ro- em
BY: c - � a� ' ZZ
Deputy Clerk to the Board �ij J(!li / t✓-`—
= Willia . Jerke
APP ED AST •
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minty torney
Robert D. Mas en
Date of signature: I I/=J
2001-2818
PL1565
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HS GATHERING, LLC, OR ITS SUCCESSORS
USR#1353
1. The Site Specific Development Plan and Use by Special Review Permit is for an Oil and
Gas Support and Service Facility(natural gas compressor station with associated inlet and
outlet pipelines)in the A(Agricultural)Zone District,as indicated in the application materials
on file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The main access point shall have a minimum width of at least 20 feet to accommodate two-
way traffic and any emergency vehicles that may need to access the site.
4. The off-street parking spaces at the main office parking lot, including the access drive and
unloading areas, shall be surfaced with gravel, asphalt, concrete, or equivalent, and shall
be graded to prevent drainage problems.
5. The applicant shall utilize collection ponds and silt fences as needed to control erosion,
both during construction and final operation, in accordance with a Storm Water Discharge
Plan and Permit. This portion of the permit falls under the jurisdiction of the State of
Colorado or Storm Water Discharge.
6. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
7. 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, Section 30-20-100.5, C.R.S.
8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103 C.R.S.
11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner in accordance with Section 25-8-205.5 of the Colorado Water
Quality Control Act and Rules and Regulations.
12. The facility shall utilize bottled water for drinking during construction of the project.
13. The facility shall provide water for employees upon completion of the construction at the
adjacent compressor site.
2001-2818
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DEVELOPMENT STANDARDS - HS GATHERING, LLC, OR ITS SUCCESSORS (USR#1353)
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14. The applicant shall maintain compliance with any required Stormwater Discharge Permit
from the Colorado Department of Public Health and Environment, Water Quality Control
Division.
15. The facility shall comply with the Rules and Regulations of the Oil and Gas Commission.
16. The facility shall comply with the Above Ground Storage Tank Regulations(7CCR1101-14).
17. Portable toilets shall be used during construction of the site and removed upon completion.
18. Bathroom facilities shall be available for employees upon completion of the construction at
the adjacent compressor site.
19. All structures erected upon said premises shall be removed within one year from the date
that said Natural Gas Station ceases to operate and is closed and/or vacated.
20. Abandonment of natural gas and petroleum flowlines shall be done in accordance with Rule
1103 of the Colorado Oil and Gas Conservation Commission.
21. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
23. Personnel from the Weld County Departments of Public Health and Environment, Public
Works and Planning Services 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.
24. The Use by 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.
25. 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.
2001-2818
PL1565
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