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.
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