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HomeMy WebLinkAbout20002106.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1280 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL GAS COMPRESSOR SITE AND ASSOCIATED PIPELINES) 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 4th day of October 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#1280 for an Oil and Gas Support and Service Facility (natural gas compressor site and associated pipelines) in the A (Agricultural) Zone District on the following described real estate, to-wit: Compressor Site -W1/2NE1/4SE1/4 and E1/2NW1/4SE1/4 of Section 13, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado Associated Pipelines - Part of Sections 13, 23, and 24, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado; and part of Sections 19, 30, and 31, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado; and part of Section 6, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Jim Wason 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: CC ez, 40,/ /Peps ,z9W //2 2000-2106 SPECIAL REVIEW PERMIT #1280 - HS GATHERING, LLC PAGE 2 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. 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 will be surrounded on three sides by the land treatment facility. The only home in close proximity to the site is one-quarter mile to the northwest. Beebe Draw Subdivision lies more than one mile to the east. Conditions of Approval and Development Standards will ensure that any incompatibilities will be mitigated. d. Section 24.4.2.4 -- The site does not lie within the Urban Growth Boundary or referral area of any municipality. 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 U.S.D.A. 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#1280 for an Oil and Gas Support and Service Facility (natural gas compressor site and associated pipelines) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 2000-2106 PL1436 SPECIAL REVIEW PERMIT#1280 - HS GATHERING, LLC PAGE 3 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 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 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. 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 will be retained and released. C. 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. 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 and 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). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). E. If applicable, a NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Evidence of said permit shall be submitted to the Weld County Department of Planning Services. 2000-2106 PL1436 SPECIAL REVIEW PERMIT #1280 - HS GATHERING, LLC PAGE 4 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. 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. B. The applicant shall notify the Platteville Fire Protection District of the proposed use. C. The applicant shall meet all Weld County Department of Building Inspection criteria as listed in a referral response dated July 18, 2000. 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. 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 4th day of October, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED D E OF SIGNING (AYE) !1i/: j!c2 .1, ` Barbara J i meyer, Chair Weld County Clerk to 8. k / M. J. Gene, Pro-Terry BY: • Deputy Clerk to the 1•.'f/ij t'' --/4-42 Geor E. Baxter ROVED AS RM: EXCUSED Dale K. Hall unt Attorney A. Ad? Glenn Vaa 2000-2106 PL1436 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HS GATHERING, LLC USR#1280 1. The Site Specific Development Plan and Use by Special Review Permit is for an Oil and Gas Support and Service Facility (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. 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/turnaround areas shall have adequate road base and shall be graded and drained to provide all-weather access to the compressor station. 4. Site soils are highly erodible. Revegetation of natural grasses shall be conducted on any land disturbed by construction. 5. 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. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. 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. 9. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal (I.S.D.S.) Regulations. 10. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County (I.S.D.S.) Regulations. 11. The facility shall utilize the proposed well. Bottled water shall be provided for the employees. 12. The facility shall comply with the Above Ground Storage Tank Regulations. 13. The facility shall comply with the Rules and Regulations of the Oil and Gas Commission. 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. 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. 2000-2106 PL1436 DEVELOPMENT STANDARDS - HS GATHERING, LLC (USR#1280) PAGE 2 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 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. 19. 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. 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. 2000-2106 PL1436 Hello