HomeMy WebLinkAbout20001423.tiff - BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution with changes to Conditions of Approval#4 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-1270
APPLICANT: North American Resources Company/William Crews
ADDRESS: P.O. Box 336337, Greeley, CO 80633-0606
REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas Support
and Service (Natural Gas Compressor Site) in the Agricultural Zone District
LEGAL DESCRIPTION: Part NE4 of Section 31,Township 1 North, Range 65 West of the 6th P.M.,
Weld County,Colorado,being part of Lot 11,on a plat recorded by Hudson
Land Company
LOCATION: East of and adjacent to Interstate Highway 76 and 1,300 feet west of Weld County Road
39.
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.
OG.Goal lstates"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." Special Use Permit
(SUP)264 was approved at this site for a gas processing plant in 1974.The proposed use
will reduce the amount of land included in SUP 264 from 61.57 acres to 1.11 acres,
resulting in a more compatible uses.
OG.Policy 1.5 states "Oil and gas exploration and production should be conducted in a
manner which minimizes interference with existing surface use and mitigates the impact on
future land uses. Well sites should be reclaimed and closed by techniques which ensure
that the future use of the property is not impaired because of environmental or safety
problems or the existence of improperly abandoned or unlocated equipment, such as
wellheads or flowlines." Conditions of approval have been included to ensure the gas
processing plant site will be reclaimed to the standards approved by the Colorado Oil and
Gas Conservation Commission.
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.
g EXHIBIT
2000-1423
USE
RESOLUTION, USR-1270
North American Resource Company
Page 2
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 include Fox Haven Estates directly
south of the site. The Town of Lochbuie has annexed property north and west of the site.
The 61.57 acres included in SUP 264 was platted into eleven separate lots in 1909. The
change to a less intense use is appropriate when considering that impacts on current and
future residential uses will be minimized.
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 lies within the Urban Growth Boundary of the Town of Lochbuie,
however, the Town did not respond to the referral request. Planning staff concurs that the
proposed use will have less conflict with the town than the original gas processing plant.
Conditions of Approval and Development Standards ensure any conflict will be minimal.
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 "irrigated land, not prime" 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 60 days of approval by the Board of County Commissioners. (Dept. of
Planning Services)
2. Prior to recording the plat:
A. Weld Comprehensive Plan OG.Policy 1.5 states "Oil and gas exploration and production
should be conducted in a manner which minimizes interference with existing surface use
and mitigates the impact on future land uses. Well sites should be reclaimed and closed
by techniques which ensure that the future use of the property is not impaired because of
environmental or safety problems or the existence of improperly abandoned or unlocated
equipment, such as wellheads or flowlines." The gas processing plant permitted by SUP
264 will be reclaimed to the standards approved by the Colorado Oil and Gas Conservation
Commission. The applicant shall submit evidence of Colorado Oil and Gas Conservation
Commission approval to the Weld County Department of Planning Services. (Dept. of
Planning Services)
RESOLUTION, USR-1270
North American Resource Company
Page 3
B. The applicant shall submit a letter to the Weld County Department of Planning Services
requesting the vacation of Special Use Permit 264. The letter shall be signed by the
property and mineral owners. (Dept. of Planning Services)
C. The plat shall be amended to meet all requirements of Section 24.7.4 of the Weld County
Zoning Ordinance. (Dept. of Planning Services)
3. Prior to installation of additional equipment:
A. The applicant shall obtain the appropriate building permits as indicted in a referral response
from the Weld County Department of Building Inspection, dated April 17, 2000. (Dept. of
Building Inspection)
B. The applicant shall submit a facility drawing to the Hudson Fire Protection District for their
review. (Dept. of Building Inspection)
4. The Special Review activity shall not occur nor shall any new 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 Cathy Clamp.
VOTE:
For Passage Against Passage Absent
Gristle Nicklas John Folsom Arlan Marrs
Jack Epple Stephen Mokray Fred Walker
Bryant Gimlin Michael Miller
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.
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 June 6, 2000.
Dated
the
6th of June 2000_.
Trisha Swanson
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
North American Resources Company/William Crews
USR-1270
1. The Site Specific Development Plan and Special Use Permit is for Oil and Gas Support and Service
(Natural Gas Compressor Site) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-101, 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)
4. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and
Environment)
5. 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)
6. 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)
7. The facility shall comply with the Above Ground Storage Tank Regulations(7CCR1101-14). (Dept.
of Public Health and Environment)
8. The site shall be accessed by the existing road, as platted by the Hudson Land Company on
September 3, 1909. (Dept. of Public Works, Dept. of Planning Services)
9. The access shall be a minimum of 20 feet in width and graded and drained to provide all weather
access. (Dept. of Public Works)
10. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
11. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
12. 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.
13. 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.
14. 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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