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Home My WebLink About20012819 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bryant Gimlin 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: USR-1353 Applicant: HS Gathering, LLC 1999 Broadway, Suite 3600, Denver, CO 80202 Request: A Site Specific Development Plan and a Special Review Permit 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 Legal Description: NE4NW4NW4 and part of the SE4NW4NW4 Section 14, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to Weld County Road 22, Approximately 1 mile east of Weld County Road 31 be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 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 for HS Gathering LLC and North American Resources. b. Section 23-2-220.A.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 23-2-220.A.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 for KN Energy to the west and a gas processing facility for HS Resources 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 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning Y EXHIBIT 2001-2819 RESOLUTION, USR-1353 HS Gathering LLC Page 2 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. The City of Fort Lupton, in their referral received August 20, 2001, indicated no conflicts with their interests. e. Section 23-2-220.A.5 -- The site does not lie within any Overlay Districts. 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. The proposed site is designated "Other" by the 1979 Soil Conservation Service Important Farmlands of Weld County Map. 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 Planning Commissions recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the 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. (Department of Planning Services) 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 USR- 1353 site on the plat. (Department of Planning Services) 2) The applicant shall indicate an additional 10 (ten) feet of right-of-way reservation adjacent to Weld County Road 22 on the plat. (Department of Public Works) 3) The applicant shall indicate parking on the plat. (Department of Planning Services) RESOLUTION, USR-1353 HS Gathering LLC Page 3 B. The applicant shall attempt to address the recommendations of the Platte Valley Soil Conservation District in their referral received August 16, 2001. (Platte Valley Soil Conservation District) C. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) D. In the event the applicant will be disturbing greater than 5 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. (Department of Public Health and Environment) E. The USR-1291 plat shall be recorded. (Department of Planning Services) 3. 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) Motion seconded by Stephan Mokray. VOTE: For Passage Against Passage Michael Miller Bryant Gimlin Cristie Nicklas Fred Walker Stephan Mokray John Folsom Lous Llerena The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for 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 September 4, 2001. Dated the 4th day of September , 2001. Voneen Macklin Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HS Gathering, LLC USR-1353 1. The Site Specific Development Plan and Special Use 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. (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. 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. (Department of Public Works) 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. (Department of Public Works) 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. (Department of Public Works) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment) 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,30-20-100.5,C.R.S. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 11. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Department of Public Health and Environment) 12. The facility shall utilize bottled water for drinking during construction of the project. (Department of Public Health and Environment) RESOLUTION, USR-1353 HS Gathering LLC Page 3 13. The facility shall provide water for employees upon completion of the construction at the adjacent compressor site. (Department of Public Health and Environment) 14. The applicant shall maintain compliance with any required stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. The facility shall comply with the Rules and Regulations of the Oil and Gas Commission. (Department of Public Health and Environment) 16. The facility shall comply with the above Ground Storage Tank Regulations(7CCR1101-14). (Department of Public Health and Environment) 17. Portable toilets shall be used during construction of the site and removed upon completion. (Department of Public Health and Environment) 18. Bathroom facilities shall be available for employees upon completion of the construction at the adjacent compressor site. (Department of Public Health and Environment) 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. (Department of Planning Services) 20. Abandonment of natural gas and petroleum flowlines shall be done in accordance with Rule 1103 of the Colorado Oil and Gas Conservation Commission. (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 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. suitable substitution indicating compliance with Federal guidelines . Michael Miller asked Lee Morrison if this condition was something that was and is required of all applicants and how the County deals with the possible elimination of it. Mr. Morrison stated that because the location of the gravel pits is next to the river and waters of the United States this was the basis for this request . Mr. Morrison that the Planning Commission is not precluded from modifying the condition to rely on a consultant letter. Mr. Miller asked Mr. Schatz if he was proposing submitting a letter from a consultant stating whether it was a habitat or not. Mr.Schatz responded that some documentation would be submitted stating there was no habitat. Robert Anderson suggested the following changes in language to address the changes in 3L to read that the applicant shall submit"documentation"and"delete letter from Dept of Fish and Wildlife". Alex Schatz final issue is with 4B consisting of parking lot paving. Mr. Carroll stated that they realize that this is an existing situation but Public Works would like to see a paved area from the office to the County Road so that the truck coming from the site will not carry dust onto the Public Right-of-Way. Mr. Kellar stated that they would accommodate the request to pave the area for parking and onto the County road. Mr.Anderson suggested the removal of the last portion of the second sentence on 2A and the deletion of 3C is satisfactory. Mr. Anderson further suggested changing the wording in 4A to reflect additional information along with the addition of Bottled Water in 3J. Cathy Clamp moved to approve the above mentioned changes, (2A, 3C, 3J, 3L, 4A) in the Conditions of Approval. Bryant Gimlin seconded the motion. The motion carried unanimously. Bryant Gimlin moved that Case AmUSR 921,along with the corrections to Conditions of Approval 2A,3C,3J, 3L, and 4A, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; . Motion carried unanimously = CASE NUMBER: USR-1353 APPLICANT: HS Gathering, LLC PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and a Special Review Permit 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 LEGAL DESCRIPTION: NE NW NW and part SE NW NW of Section 14,T2, R66W of the 6th P.M., Weld County, Colorado LOCATION: South of & adjacent to WCR 22; approximately 700 feet east of WCR 31 Chris Gatham, Department of Planning Services presented Case USR- 1353, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Cathy Clamp asked about USR 1291 and what the scope of the two will be. Mr. Gatham stated that USR- 1291 under construction and they have issued early release of building permits but not sure if they are in full operation yet. J. EXHIBIT Joe Ventola, gave a brief overview of the project and some clarification to the full USR details. /1 I use.41353 Michael Miller asked for clarification of the Development Standards seeing as this will be an un manned site with the existing facility accommodating the conditions. Paul Moorhead, Kerr McGee, gave some clarification for the project and the existing flare. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bryant Gimlin moved that Case USR-1353, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes. Motion carried unanimously Meeting adjourned at 4:00p.m. Respectfully submitted Voneen Macklin Secretary Hello