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((F; I ca i g; • t x+1 1 ,f , ;i+1 ••� E'I L--'f�5'I4 l • . ..J `_ _ 3 E I Ir `tetm b --- -- . ii ___ t, !II L= -gib. ebEy. 1' II'— lei g^3t Ll -\1 il 1 FY n3f�`g % g � '-_'Z i. et I II 4 J • X..- 5 6 ! :i. • . - 1 7 f �� i is V V" - --- - ,i • V RESOLUTION RE: APPROVE FINDINGS CONCERNING AMENDED SPECIAL USE PERMIT #232 ISSUED TO JACK W. ZIMBELMAN 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, on June 4 , 1990, a Show Cause Hearing was conducted to consider revocation of Amended Special Use Permit #232 , issued to Jack W. Zimbelman, and WHEREAS, Phillips Petroleum Company is the operator of said facility, located on property described as Part of the NW} of Section 23 , Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Bob Hardt, of Phillips Petroleum Company, was present to represent the owner and the operator, and WHEREAS, the Board heard all of the testimony offered concerning this matter and, having been fully informed, did Find that the burden of proof has been met as to violations o£ Development Standard #22 , regarding the removal of all facilities and structures to 30" below grade, and WHEREAS , pursuant to said Findings, the Board deems it advisable that Amended Special Use Permit #232 be revoked, with said revocation becoming effective on September 5 , 1990 , if the applicant and operator are not in compliance by this date, and WHEREAS , the Board further deems it advisable that certain buildings, as requested by the owner, be allowed to remain on the property for agricultural purposes only. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby Find that Jack W. Zimbelman, holder of Amended Special Use Permit #232 , and Phillips Petroleum Company, operator of said facility, are in violation of Development Standard #22 . BE IT FURTHER RESOLVED by the Board that Jack W. Zimbelman and Phillips Petroleum Company be, and hereby are, granted until September 5 , 1990 , to come into compliance with said Development Standard, and if not in compliance by such date, Amended Special Use Permit #232 shall be revoked. atil �� -�i. 900491 Page 2 RE: SHOW CAUSE HEARING - ZIMBELMAN BE IT FURTHER RESOLVED by the Board that those buildings requested by the owner be allowed to remain on the property for agricultural purposes only. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D. , 1990 . BOA' S •F COUNTY COMMISSIONERS ATTEST: WE D OUNTY, LORAD Weld County erk and Recorder ►/ QIT and Clerk to the Board ne� Brantner,, Chairman \ G o Pro e Kennedy, -Tem 4 /Deputy County C erk (��C• APPROVED AS TO FORM: i Constance L. Harbert ? /� C.WKirby / =` _,County Attorney EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy 900491 HEARING CERTIFICATION DOCKET NO. 89-65 RE: HEARING TO SHOW CAUSE FOR REVOCATION OF AMENDED SPECIAL USE PERMIT #232 - JACK W. ZIMBELMAN A public hearing was conducted on June 4, 1990, at 9:00 A.M. , with the following present: Commissioner Gene R. Brantner, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C.W. Kirby Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated October 25, 1989, and duly published May 24, 1990, in The New News, a public hearing was conducted to consider whether Development Standard #22 of Amended Special Use Permit #232 is being complied with. Said Amended Special Use Permit was issued to Jack W. Zimbelman, owner, with Phillips Petroleum Company being the operator. Lee D. Morrison, Assistant County Attorney, made this matter of record. Lanell Curry, representing the Department of Planning Services, said it is the opinion of the Planning staff that Development Standard #22 is not being complied with at this time. Ms. Curry said Mr. Zimbelman has requested that he be allowed to retain the compressor building, control building, and warehouse building on his property. He said these buildings would be used for agricultural purposes. Bob Hardt, representing Phillips Petroleum Company, requested an additional 90 days to come into compliance with Development Standard #22. Following discussion, Commissioner Lacy moved to Find that this facility is not in compliance with Development Standard #22, and if the owner and operator are not in compliance by September 5, 1990, that Amended Special Use Permit #232 be revoked, and that the requested buildings be allowed to remain on the property for agricultural purposes only. Seconded by Commissioner Kirby, the motion carried unanimously. This Certification was approved on the 6th day of June, 1990. APPROVED: ‘719 � BOA OF COUNTY COMMISSIONERS ATTEST: ttt...,,,,,,///a WE UNTY, COLO DO Weld County C erk and Recorder and Clerk to the B ene R. Brantner, hairman eputy County C erk eorge Kennedy, Pro- em� 4��yirr e O (!ZA (.41 Constance L. Harbert 7.76�� C.W. Kirby TAPE #90-24 DOCKET #89-65 EXCUSED DATE OF APPROVAL PL0475 Gordon E. Lacy 900487 3 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 89-65 OWNER: Jack W. Zimbelman 34014 State Highway 52 Keenesburg, Colorado 80643 OPERATOR: Phillips Petroleum 8055 E. Tufts Avenue Parkway Denver, Colorado 80237-2898 DATE: June 4, 1990 TIME: 9:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Amended Special Use Permit #232 LEGAL DESCRIPTION: Part of the NWI of Section 23, Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Whether or not the facility is in violation of Development Standard #22 regarding the removal of all facilities and structures to 30" below grade. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: October 25, 1989 PUBLISHED: May 24, 1990, in The New News 9C04(1. STA t OF COLORADO ) ) . COUNTY OF WELL) ) /1 - U \(/�) t N°4Le i tp; a du_ y sworn , says thhe/she is Watt newspaper of the New news , a weekly thet % eh newspaper published in Keene burg in said County and State; that said eam newspaper has a general circulation Capup r'd die- in said County and has been contin— mercer ai '0e inie� ously and uninterruptedly published visasto attend and may therin during a period of at least � etweutate�'t`r °to fifty—two consecutive weeks prior • of t eg to the first publication of the in e annexed notice; that said newspaper each action at 9ve days pier to the haring. Dies=f is a newspaper within the meaning �ycourt be of the act of the General Assembly IT that that the of the State of Colorado , entitled and c�ie-of tthee Clerk to the "An Act to regulate the printing; °fget' of legal notices and advertisements , " Center xb �, t and amendments thereto that the : Jut W. Entbetv�, t notice of which the annexed is a ate ao printed copy taken from said hews- J3aA -u�PPa�rkwaay`, paper , was published in said news- :'June tt paper , and in the regular and entire : 9. • 00AM. gpw issue of every number thereof , orreek/ref An� AL Dm�N:r2Part d once a week for successive ��qf� week( s) ; that said notice was soth IQf na°`�6ed° in viauttan a published in said newspaper proper theg�al and not in any supplement thereof , °erocnr°° w and that the first publication uL BOARD�OFp�CqOUNTY ODORS said notice as aforaaid , was on By:TSAR� y i� .r� M RECORDER Ail the DA day of +t ) ay B�'M a4 wit 9 19 10 and the last of the al � 1 da o 1 , 9 10 . , Subscribed and swore t ' before me this . ,2r (- day of litw 19 9C MYGuini,'.34ionexpse3i'Aciofi i5,15O2 900491 SHOW CAUSE DATE: June 4, 1990 CASE NUMBER: ZCH-5l NAME/OPERATOR: Phillips Petroleum PROPERTY OWNER: Jack W. Zimbelman ADDRESS: 8055 E. Tufts Avenue Parkway ADDRESS: 34014 State Highway 52 Denver, CO 802347-2898 Keenesburg, CO 80643 LEGAL DESCRIPTION: Part of the NW} of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado It is the opinion of the Department of Planning Services' staff, that the following standards as approved for Case Number Amended SUP-232 are not in compliance. Tevelopment Standard #22 "Upon completion of operations of the facility, all facilities and structures shall be removed to 30" below grade, in accordance with paragraph 3 of the Landowner's Lease dated January 5, 1975." Mr. Jack Zimbelman, property owner, has requested that the compressor building, control building, and warehouse building, as shown on the recorded plat, be allowed to remain on the property to be used for agricultural purposes. If the buildings are used only for agricultural purposes, the Department of Planning Services' staff has no objections to this proposal. Mr. Bob Hardt, representative of Phillips Petroleum Company, has requested that the company be allowed to remove the other facilities to 20 inches below grade instead of 30 inches below grade as approved. The Board of County Commissioners needs to decide if the removal of the facilities to 20 inches below grade is acceptable. The Board of County Commissioners will also need to decide if a further continuance will be allowed for Phillips Petroleum to complete the removal of the facility. 94®491 -INSPECTION REPORT NAME: Jack Zimbelman/Phillips Petroleum -LEGAL DESCRIPTION OF PROPERTY: Part of the NW} of Section 23, T2N, R63W of the 6th P.M. , Weld County, Colorado _DATE: May 30, 1990 CASE NUMBER: ZCH-51 I inspected the site and spoke with Karen Holloway, Site Manager and Site Safety Coordinator. Work was taking place on the site. Active transmission lines, storage, separation, etc. will remain on the site. The evaporation pond has not been removed. Work is still progressing toward removal of nonactive lines, storage tanks, conduits, etc. to 30" below grade. Seven photographs were taken. Ms. Holloway stated that as far as she knows, all items will be removed to 30" below grade, instead of the 20" as discussed with Bob Hardt of Phillips Petroleum. �`e -64 r a y Current Planner SQ®491 C E R T SF I C A T -E OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number ZCH-51 for Jack W. Zimbelman in the United Stated Mail, postage prepaid First Class Mail by postal card as addressed on the attached list. This 24th day of May, 1490. A7/27/2- 7 90®491 SURROUNDING PROPERTY OWNERS ZCH-5l JACK W. 2IMBELMAN Anne Laurie Charlton, Trustee First National Bank of Greeley, Trustee, et al. P.O. Box 1058 Greeley, CO 80631 Jack W. Zimbelman 34014 State Highway 52 Keenesburg, t0 80643 9G04-91 li DEPARTMENT OF PLANNING SERVICES ` PHONE(303)356-4000,EXT.4400 91510th STREET VI 11 G REEIEY,COLORADO 80631 t COLORADO May 23, 1990 T0: SURROUNDING PROPERTY OWNERS Subject: ZCH-51 NAME: lack W. Zimbelman FOR: A Natural Gas Liquid Extraction Plant LEGAL DESCRIPTION: Part of the SW} of Section 23, T2N, R63W of the 6th P.M. , Weill County, -Colorado LOCATION: East of -Weld County -load 69, approximately one 1 mile north of Weld County Road 18. A Show Cause -Public Hearing is scheduled before the Weld _County Board of County Commissioners on Wednesday, June 4, 1990, at 1:00 a.m, in the County , Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915, 10th Street, Greeley, Colorado. 1'he purpose of this public hearing -Neill be to seview case number Amended SUP-232 for compliance with the Development Standards as approved by the Board of County Commissioners on January 14, 1976, to determine if a hearing vs revocation of Amended SUP-232 is appropriate. You are receiving this notification because your property is within 500 feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony pertaining to ZCH-51 and the uses occurring on the approved site. For additional information write or telephone, Lanell J. Curry, current Planner. WELD _COUNTY DEPARTMENT OF -PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 90®491. Hello