Loading...
HomeMy WebLinkAbout20002959.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: PLANNER: Chris Gathman CASE NUMBER: USR-1291 APPLICANT: HS Gathering, LLC ADDRESS: 1999 Broadway, Suite 3600, Denver, CO 80202 i. REQUEST: A Site Specific Development Plan and Special Review Permit for Oil and Gas Support and Service (Natural Gas Processing Plant) in the Agricultural Zone District LEGAL DESCRIPTION: SW4 NW4 NW4 of Section 14, T2N, R66W of the 6th P.M., Weld County, Colorado LOCATION: Approx. 600 feet south of Weld County Road 22 & 1 mile east of Weld County Road 31 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 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 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 24.3.1.4 -That the cases 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 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 Fort Lupton. Fort Lupton indicated in their referral response dated September 25, 2000 that the request did not conflict with their interests. simian 2000-2959 USZ *WI i RESOLUTION, USR-1291 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 proposed roads, parking and traffic circulation pattern shall be placed on the plat. (Dept. of Public Works) B. The applicant shall submit an Air Pollution Emission Notice(A.P.E.N.)application to the Air 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 and Environment) C. The applicant shall submit a Waste Handling Plan to 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 and Environment) 2) A list of the type and volume of chemicals expected to be stored on site. (Dept. of Public Health and Environment) 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) RESOLUTION, USR-1291 H S Gathering, LLC Page 3 4. 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 USR-1291 is proposed. The recorded exemption plat shall be recorded prior to the USR-1291 plat. (Dept. of Planning Services) 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). 5. 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 Ron Broda, the Weld County Vegetative Management Specialist (356-4000 x3770) prior to submitting to the Department of Planning Services. (Platte Valley Soil Conservation District) 6. 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. (Platte Valley Soil Conservation District) 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. (Dept. of Building Inspection) 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. (Dept. of Public Works) 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 John Folsom. VOTE: For Passage Against Passage Absent Cristie Nickles Jack Epple Fred Walker Arlan Marrs John Folsom Michael Miller Bryant Gimlin Stephen Mokray Cathy Clamp RESOLUTION, USR-1291 H S Gathering, LLC Page 4 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 November 7, 2000. Dated the 7th of Nove ber, • Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS HS Gathering, LLC USR-1291 1. The Site Specific Development Plan and Special Use Permit is for Oil and Gas Support and Service (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 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 Public Works) 4. 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) 5. No permanent disposal of wastes shall be permitted at this site. (Dept. of Public Health and Environment) 6. 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) 7. 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.,as amended. (Dept.of Public Health and Environment) 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.(Dept.of Public Health and Environment) 9. The facility shall comply with the Above Ground Storage Tank Regulations. (Dept.of Public Health and Environment) 10. The facility shall comply with the Rules and Regulations of the Colorado Oil and Gas Commission. (Dept. of Public Health and Environment) 11. Bathroom facilities shall be available at the adjacent compressor site for the employees. (Dept. of Public Health and Environment) 12. Bottled water shall be provided for the employees at the adjacent compressor site. (Dept.of Public Health and Environment) 13. Portable toilets shall be used during the construction of the site and removed upon completion. (Dept. of Public Health and Environment) 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. (Dept. of Planning Services) 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. Hello