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HomeMy WebLinkAbout20002107.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: USR-1280 APPLICANT: HS Gathering, LLC ADDRESS: 1999 Broadway, Suite 3600, Denver, CO 80202 REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Sup-port and Service (Natural Gas Compressor Site and Associated Pipelines) in the Agricultural Zone District LEGAL DESCRIPTION: W2 NE4 SE4 and E2 NW4 SE4 of Section 13,T3N, R66W of the 6th P.M., Weld County, Colorado (Compressor Site) Pt.of Sections 13,23,24,T3N, R66W, Pt.of Sections 19, 30 and 31,T3N, R65W and Pt. of Section 6, T2N, R65W of the 6th P.M., Weld County, Colorado (Associated Pipelines) LOCATION: 1/8 mile west of Weld County Road 37 & 1/2 mile north of 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 wits 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. 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. 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. The site will be surrounded on three sides by the land treatment facility. The only home in close proximity to the site is 1/4 mile to the northwest. Beebe Draw Subdivision lies over 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 site does not lie within the Urban Growth Boundary or referral area of any municipality. EXHIBIT 2000-2107 RESOLUTION, USR-1280 H S Gathering, LLC 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. The applicant shall provide a storm water drainage plan to the Department of Planning Services for review and approval by the Department of Public Works. The plan shall indicate how any storm water drainage that may occur from the compression site wit be retained and released. (Dept. of Public Works) C. The a applicant shall submit an Air Pollution Emission Notice(A.P.E.N.)application to the for Pollution Control Division, Colorado Department of 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.(Dept.of Public Health ar d Environment) D. In the event the applicant does not use an incinerator, the applicant shall submit a Waste Handling Plan to the Weld County Department of Planning Services for review and approval by the Weld County Department of Public Health & Environment, Environmental Health Services Division. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). (Dept. of Public Health arid Environment) 2) A list of the type and volume of chemicals expected to be stored on site. (Dept. of Public Health and Environment) RESOLUTION, USR-1280 H S Gathering, LLC Page 3 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Dept. of Public Health and Environment) E. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health. Evidence shall be submitted to the Weld County Department of Planning Services. (Dept. of Public Health and Environment) F. All Conditions of Approval attached to Amended Use by Special Review Permit 1067 shall be completed and the plat recorded at the Weld County Clerk and Recording Office (Dept. of Planning Services) 3. Prior to installation: A. Utility and right-of-way permits shall be obtained for any pipe line or utilities crossing or utilizing Weld County right-of-way. The applicant shall contact Bill Hawkins, Weld County Public Works, prior to excavation. (Dept. of Public Works) B. The applicant shall notify the Platteville Fire Protection District of the proposed use (Dept. of Building Inspection) C. The applicant shall meet all Weld County Department of Building Inspection criteria as listed in a referral response dated July 18, 2000. (Dept. of Building Inspection) 4. Prior to operation: A. A six foot high chain-link fence shall be erected around the perimeter of the facility as indicated in the application materials. (Dept. of Planning Services) 5. 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. (Dept. of Planning Services) 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 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. RESOLUTION, USR•-1280 H S Gathering, LLC Page 4 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. k'1/4 ^ �� Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HS Gathering, LLC USR-1280 1. The Site Specific Development Plan and Special Use Permit is for Oil and Gas Support and Service (Natural Gas Compressor Site and Associated Pipelines) 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. The access road and parking/turnaround areas shall have adequate road base and shall be graded and drained to provide all weather access to the compressor station. (Dept. of Planning Services) 4. Site soils are highly erodible. Revegetation of natural grasses shall be conducted on any ,and disturbed by construction. (Dept. of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Dept. of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Dept. of Public Health and Environment) 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in 25-12-103, C.R.S. (Dept. of Public Health and Environment) 9. An individual sewage disposal system is required for the proposed facility and shall he installed according to the Weld County Individual Sewage Disposal Regulations. (Dept.of Public Health and Environment) 10. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Dept.of Public Health and Environment) 11. The facility shall utilize the proposed well. Bottled water shall be provided for the employees. (Dept. of Public Health and Environment) 12. The facility shall comply with the Above Ground Storage Tank Regulations. (Dept. of Public Health and Environment) 13. The facility shall comply with the Rules and Regulations of the Oil and Gas Commission. (Dept of Public Health and Environment) 14. The facility shall comply with the Rules and Regulations of the Air Pollution Control Division of the Colorado Department of Public Health and Environment. (Dept. of Public Health and Environment) 15. 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. (Dept. of Planning Services) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. Personnel from the Weld County Departments of Public Health and Environment anc 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. 19. 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. 20. 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. Hello