HomeMy WebLinkAbout20002095.tiff - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Arlan Marrs that the following resolution with amendments be introduced for passage by the Weld
County Planning Commission. Be it resolved by the Weld County Planning Commission that the application
for:
PLANNER: Sheri Lockman
CASE NUMBER: AMUSR-1067 -
APPLICANT: HS Resources, Inc.
ADDRESS: 1999 Broadway, Suite 3600, Denver, CO 80202
REQUEST: Amendment to a Site Specific Development Plan and Special Review Permit for Oil and
Gas Support and Service (Land Treatment Facility) in the Agricultural Zone District
LEGAL DESCRIPTION: Pt. SE4 of Sec. 13, T3N, R66W of the 6th P.M., Weld County, Colorado
LOCATION: West of and adjacent to Weld County Road 37 and north of and adjacent to Weld County
Road 32
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 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 of the Weld County Zoning Ordinance as follows:
a. Section 24.3.1.1 -The proposal is consistent with the Weld County Comprehensive Plan.
The intent of this proposal is to amend out forty acres that has not been utilized by the land
treatment facility and place a natural gas compressor site on the land.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.
b. Section 24.3.1.2--The proposal is consistent with the intent of the Agricultural Zone District
in which the use is located.Section 31.4.1 of the Weld County Zoning Ordinance provides
for oil and gas support and service as a Use by Special Review in the Agricultural Zone
District.
c. Section 24.3.1.3--The uses which would be permitted will be compatible with the existing
surrounding land uses. Uses within the surrounding area are dryland pasture and grass
crops. Only four homes are within a quarter mile of the site. Beebe Draw Subdivision lies
one mile to the east. Conditions of Approval and Development Standards will ensure that
any incompatibilities will be mitigated.
d. Section 24.3.1.4 --The uses which would 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 the Comprehensive Plan or Master Plan of affected
municipalities. The site does not lie within the Urban Growth Boundary or referral area of
any municipality.
= EXHIBIT
2000-2095
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RESOLUTION, AmUSR-1067
H S Resources, Inc.
Page 2
e. Section 24.3.1.5 -This proposal does not lie within any Overlay Districts.
f. Section 24.3.1.6 -- 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 USDA Soil Conservation Services. No prime farm ground exists
on the site.
g. Section 24.3.1.7 --The Design Standards (Section 24.5 of the Weld County Zoning
Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance),
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 Commission's 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. (Dept. of
Planning Services)
2. Prior to recording the plat:
A. The applicant shall enter into a Non-Exclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-way along the Weld County Road 37 section line.
(Dept. of Public Works)
B. All miscellaneous equipment and debris stored along Weld County Road 37 shall be
screened from all adjacent properties and public rights of way, or be removed from the
property. (Dept. of Planning Services)
C. The applicant shall submit to the Department of Planning Services a recorded copy of an
access agreement signed by all owners of property which is crossed by the access. The
access shall be for ingress and egress and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number. (Dept. of Public Works)
Motion seconded by Stephen Mokray.
VOTE:
For Passage Against Passage Absent
Fred Walker Bryant Gimlin
Cristie Nicklas Jack Epple
Arlan Marrs
John Folsom
Michael Miller
Stephen Mokray
Cathy Clamp
RESOLUTION, AmUSR-1067
H S Resources, Inc.
Page 3
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, Trisha Swanson, 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 August 15, 2000.
Dated the 15`" of August, 2000.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HS Resources, Inc.
AMUSR-1067
1. The Site Specific Development Plan and Special Use Permit is for Oil and Gas Support and Service
(Land Treatment Facility) in the A (Agricultural) Zone District, as indicated in the application
materials on file and subject to the Development Standards stated hereon. (Dept. of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance. (Dept. of Planning Services)
3. Only solid,non-hazardous exploration and production waste materials derived from H.S.Resources
operated drilling and production sites in Weld County shall be treated and recycled at this facility.
(Dept. of Planning Services)
4. The Special Review Permit shall not be transferable to any successors in interest to the property
and shall terminate automatically upon conveyance or lease of the property to others for the
operation of the land treatment facility. (Dept. of Planning Services)
5. No permanent disposal of wastes shall be permitted at this site. This is not intended to prohibit the
beneficial application of fresh water-based bentonitic drilling mud. (Dept. of Public Health and
Environment)
6. Waste materials shall be handled, stored, and treated in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment)
7. Fugitive dust shall be controlled on this site. (Dept. of Public Health and Environment)
8. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial
Zone District as delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment)
9. The property owner or operator shall provide an Individual Sewage Disposal System in accordance
with Weld County Regulations. A vault system or portable toilet is acceptable. (Dept. of Public
Health and Environment)
10. The property owner or operator shall conform and comply with the Use by Special Review
application materials dated September 29, 1994, the Colorado Oil and Gas Conservation
Commission Rule 907 application materials dated October 13, 1994, and the supplemental
information dated December 12, 1994. (Dept. of Planning Services)
11. The property owner or operator shall monitor the eight (8) groundwater monitoring wells on site
quarterly.At a minimum,ground water samples shall be analyzed using an appropriate method for:
depth to groundwater,Total Petroleum Hydrocarbons(TPH), benzene,ethyl benzene,toluene,and
xylene. The facility shall submit groundwater monitoring results quarterly to the Weld County
Department of Public Health and Environment and the Colorado Oil and Gas Conservation
Commission. In the event the down gradient wells exhibit a statistical increase over background
levels, the applicant or operator shall:
A. Cease accepting contaminated soil on site, pending review of analytical data by the Weld
County Department of Public Health and Environment and the Colorado Oil and Gas
Conservation Commission. (Dept. of Public Health and Environment)
B. Notify the Weld County Department of Public Health and Environment and the Colorado Oil
and Gas Conservation Commission in writing within five(5)working days. (Dept. of Public
Health and Environment)
C. Immediately develop a plan to determine the extent of contamination. The plan must be
approved by the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission.(Dept.of Public Health and Environment)
D. Upon determining the extent of contamination, the facility shall develop a remedial action
plan. The plan must be reviewed and approved by the Weld County Department of Public
Health and Environment and the Colorado Oil and Gas Conservation Commission. (Dept.
of Public Health and Environment)
12. The applicant or operator shall collect and analyze soil samples semi-annually directly beneath the
treatment area. Samples shall be collected at a minimum of eight (8) separate locations. These
samples shall represent impact from the facility to a depth of five (5) feet. In addition, yearly soil
samples shall be collected at five, ten, fifteen, and twenty feet (or sampled to groundwater). At a
minimum, these soil samples shall be analyzed using an appropriate method for: benzene, ethyl
benzene, toluene, xylene, Total Petroleum Hydrocarbons, and oil and grease. The facility shall
submit soil monitoring results(including sample locations)to the Weld County Department of Public
Health and Environment and the Colorado Oil and Gas Conservation Commission. In the event the
soils exhibit an impact from the facility at a depth greater than five (5) feet from grade, the facility
shall:
A. Cease accepting contaminated soil on site,pending review of analytical results by the Weld
County Department of Public Health and Environment and the Colorado Oil and Gas
Conservation Commission. (Dept. of Public Health and Environment)
B. Notify the Weld County Department of Public Health and Environment and the Colorado Oil
and Gas Conservation Commission in writing within five(5)working days. (Dept.of Public
Health and Environment)
C. Immediately develop a plan to determine the extent of contamination. The plan must be
approved by the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission.(Dept.of Public Health and Environment)
D. Develop a remedial action plan addressing clean-up of the contaminated soil and determine
and amend operational practices as necessary to abate the impact. The plan shall be
approved by the Weld County Department of Public Health and Environment and the
Colorado Oil and Gas Conservation Commission prior to accepting additional contaminated
soils on site. (Dept. of Public Health and Environment)
13. Soil and groundwater monitoring requirements may be revised and amended at a later date. The
Weld County Department of Public Health and Environment reserves the right to require additional
environmental monitoring requirements if the facility demonstrates that it is necessary.The applicant
or operator may request the Weld County Departments of Public Health and Environment and
Planning Services to amend the monitoring requirements,provided an adequate demonstration can
be made of the irrelevance of the monitoring. Both the Weld County Departments of Public Health
and Environment and Planning Services must approve of the revisions prior to deletion. (Depts. of
Public Health and Environment and Planning Services)
14. The owner or operator shall notify the Weld County Department of Public Health and Environment
and the Colorado Oil and Gas Conservation Commission a minimum of ninety (90) days prior to
closure. (Dept. of Public Health and Environment)
15. The owner or operator shall submit a closure plan in accordance with Colorado Oil and Gas
Conservation Commission Rule 907 and the submitted application materials to the Colorado Oil and
Gas Conservation Commission and the Weld County Departments of Public Health and
Environment and Planning Services for their review and approval prior to closure. (Depts. of Public
Health and Environment and Planning Services)
16. The facility shall maintain the approved operation and monitoring plan for the wash pit. (Dept. of
Public Health and Environment)
17. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
18. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
19. Personnel from the Weld County Departments of Public Health and Environment 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.
20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
21. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
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