HomeMy WebLinkAbout20002958.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1291 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(NATURAL GAS PROCESSING PLANT) IN THE A(AGRICULTURAL) ZONE
DISTRICT - HS GATHERING, LLC
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 20th day
of December, 2000, 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, 1999 Broadway, Suite 3600, Denver, Colorado
80202, for a Site Specific Development Plan and Use by Special Review Permit#1291 for an
Oil and Gas Support and Service Facility (natural gas processing plant) in the A (Agricultural)
Zone District on the following described real estate, to-wit:
SW1/4 NW1/4 NW1/4 of Section 14, Township 2
North, Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, said applicant was represented by Jeff Fisk, Attorney, at said hearing, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 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. Section 24.4.2.1 --The proposal is consistent with the Weld County
Comprehensive Plan. 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 proposal
will not take any land out of agricultural production and should cause little
conflict with surface uses.
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SPECIAL REVIEW PERMIT #1291 - HS GATHERING, LLC
PAGE 2
b. Section 24.4.2.2 -- The proposal is consistent with the intent of the
A (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 A (Agricultural) Zone District.
c. Section 24.4.2.3 --The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is bordered by the
existing gas processing facility for HS Resources to the north and by
undeveloped range land to the south, east, and west. Conditions of
Approval and Development Standards will ensure that any
incompatibilities will be mitigated.
d. Section 24.4.2.4 -- 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 the
comprehensive plan or master plans of affected municipalities. The site
does lie within the referral area of the City of Fort Lupton. Fort Lupton
indicated no conflicts with the request in its referral response dated
September 26, 2000.
e. Section 24.4.2.5 --This proposal does not lie within any Overlay Districts.
f. Section 24.4.2.6 -- 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 24.4.2.7 --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 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 for a Site Specific
Development Plan and Use by Special Review Permit#1291 for an Oil and Gas Support and
Service Facility (natural gas processing plant) 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
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SPECIAL REVIEW PERMIT#1291 - HS GATHERING, LLC
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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.
2. Prior to recording the plat:
A. The proposed roads, parking and traffic circulation pattern shall be
placed on the plat.
B. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.)
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. Sources of such emissions include
but are not limited to the following: sandblasting operations, mining, spray
paint booths, dry cleaners, haul road traffic, composting, boilers and
incinerators.
C. The Special Use Permit is proposed on an illegal lot. To clear up the
illegal lot situation the applicants shall do one of the following:
1) The applicant shall submit and receive approval for an amended
Recorded Exemption application to combine Lot A of Minor
Subdivision 6 (1972) and the lot upon which Use by Special
Review Permit#1291 is proposed. The Recorded Exemption plat
shall be recorded prior to the Use by Special Review Permit
#1291 plat.
2) The applicant shall provide the department of Planning Services
with a deed indicating that the 10 acre parcel upon which the use
is proposed has been combined with adjacent property to create a
legal parcel (minimum 35 acres).
D. The applicant shall prepare a Weed Management Plan for the site for
review and approval by the Department of Planning Services. The plan
shall be reviewed and approved by the Weld County Vegetative
Management Specialist prior to submitting to the Department of Planning
Services.
E. The applicant shall prepare and submit a Landscape Plan to implement a
natural vegetive barrier to reduce wind erosion on the site and to screen
the facility from the residence located to the south of the site. The
Landscape Plan shall be reviewed by the Brighton Natural Resource
Conservation Service Office prior to submittal to the Department of
Planning Services.
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3. Prior to installation:
A. The applicant shall meet the requirements of the Weld County
Department of Building Inspection as listed in a referral response dated
October 9, 2000.
4. Prior to operation:
A. The proposed twenty (20) foot primary road will be installed and shall be
a graded and drained road to provide an all-weather access to the facility.
5. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COL RADO
ea
: J AT$@ST .thiefir
Barbara J. rkmey r, Chair
Weld County�;Cl to the Board
M. . ile, Pro-Tem
° syi
94pd¢. rk to the Board r
eorge . Baxter
APPROVED AS T RM:
Dale K. Hall
unty Attorney ‘,4,46/, , �/%
,
Glenn Vaad
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HS GATHERING, LLC
USR #1291
1. The Site Specific Development Plan and Use by Special Review Permit is for an Oil and
Gas Support and Service Facility(natural gas processing plant) in the A(Agricultural)Zone
District, as indicated in the application materials on file and subject to the Development
Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld
County Zoning Ordinance.
3. The access road and parking/turn around areas shall have adequate road base and shall
be graded and drained to provide all weather access to the compressor station.
4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100, C.R.S.)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site.
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. The facility shall adhere to the maximum permissible noise levels allowed in the I (Industrial)
Zone District as delineated in Section 25-12-103, C.R.S.
8. The facility shall comply with the Rules and Regulations of the Air Pollution Control Division
of the Colorado Department of Public Health and Environment.
9. The facility shall comply with the Above Ground Storage Tank Regulations.
10. The facility shall comply with the Rules and Regulations of the Colorado Oil and Gas
Commission.
11. Bathroom facilities shall be available at the adjacent compressor site on this parcel for the
employees.
12. Bottled water shall be provided for the employees at the adjacent compressor site on this
parcel.
13. Portable toilets shall be used during the construction of the site and removed upon
completion.
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14. In the event that five (5) or more acres are disturbed during the construction and
development of this site,the applicant shall obtain a Stormwater Discharge Permit from the
Water Quality Control Division of the Colorado Department of Public Health and
Environment.
16. All structures erected upon said premises shall be removed within one year from the date
that said Natural Gas Compressor Site ceases to operate and is closed and/or vacated.
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 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.
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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