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Home My WebLink About20132367.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, August 6, 2013 D A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Jason Maxey, at 1:30 pm. Roll Call. Present: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, and Bruce Sparrow. Absent/Excused: Bret Elliott, Mark Lawley, Nick Berryman, Also Present: Kim Ogle, Department of Planning Services; Don Carroll and Heidi Hansen, Department of Public Works; Lauren Light, Department of Health; Bob Choate, County Attorney, and Kris Ranslem, Secretary. • Motion: Approve the July 16, 2013 Weld County Planning Commission minutes, Moved by Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously. • Election of Officers Jordan Jemiola nominated Mark Lawley as Chair, seconded by Benjamin Hansford. Mr. Hansford said he spoke to Mr. Lawley previously and he indicated that he would agree to serving as Chair. Mr. Jemiola nominated Benjamin Hansford as Vice -Chair. Joyce Smock nominated Jason Maxey as Vice -Chair, seconded by Benjamin Hansford. Mr. Hansford respectfully declined the nomination. Mr. Maxey agreed to serving as Vice -Chair. E> CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION: USR13-0025 SLW RANCH COMPANY, CIO DCP MIDSTREAM LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITY FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, FIVE (5) COMPRESSORS ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A PIPELINE FOR TRANSPORT TO MARKET, AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT SUBX13-0013; PART OF SECTION 7, T5N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. 1 MILE SOUTH OF CR 62; 1 MILE EAST OF CR 59. Kim Ogle, Planning Services, presented Case USR13-0025, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. i7 Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Ms. Hansen stated that the applicant intends to request an amended to Condition of Approval 1.C to specify that an Improvements and Road Maintenance Agreement is required for this site during construction. She added that staff has no concerns with this request. • Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that his business partner Mr. Stow Witwer is the landowner of this site and has given a lot of consideration of the placement of this 1 2013-2367 compressor station and how it will be operated by DCP Midstream. DCP is trying to construct radio communication towers at all of their compressor stations and processing plans to allow for remote monitoring. This radio tower will be 70 feet in height. The proposed compressor station is comparable to the compressor stations previously approved for the Libsack, Sullivan and Burnhart locations. They expect very little traffic impact at this site. There will be up to 5 compressors on site. Mr. Groom said that there is a new Development Standard 20 and asked that it be amended to allow the deadline for March 1s', rather than Jan. 15th of each year. Mr. Ogle stated that they had no issue with this request. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. D Motion: Amend Condition of Approval 1.C; Motion by Benjamin Hansford, Seconded by Jordan Jemiola. Motion passed unanimously Motion: Amend Development Standard 20 to allow deadline to March 1st of each year; Motion by Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. D Motion: Forward Case USR13-0025 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes. I> CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR13-0026 DCP MIDSTREAM LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED SPECIAL REVIEW PERMIT (4th AmUSR-552) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS TOWER UP TO 100 FEET IN HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT SUBX13-0010 BEING PART SE4 SECTION 28, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO AND A STRIP 150' WIDE ALONG SOUTH SIDE OF E2NE4 SECTION 28, T6N, R65W BEING 75' WIDE ON EACH SIDE OF CENTERLINE ABANDON MAIN TRACK GREELEY BRANCH OF UPRR WEST OF AND ADJACENT TO CR 43; NORTH OF AND ADJACENT TO CR 64; APPROXIMATELY 0.5 SOUTH OF CR 66. D Kim Ogle, Planning Services, presented Case USR13-0026, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mr. Ogle stated that the applicant intends to request an amendment to Development Standard 24 to change the deadline to March 1st of every year. D Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. 2 Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that he represents the applicant DCP Midstream. This request is for an expansion to an existing processing plant. Because DCP acquired a property buffer around the existing processing plant they were able to locate this expansion adjacent to the existing plant. They felt that this expansion would be the least impact on surrounding property owners. Mr. Groom emphasized that this is essentially a re -permit of the existing USR for the current site and added that this request will combine both facilities under one (1) USR permit. Commissioner Sparrow asked about the noise from the compressors. Mr. Groom said that there have been significant improvements in the industry to mitigate sound. He added that DCP is subject to the Colorado Oil and Gas Conservation Commission noise regulations and further added that fortunately there is still a fair amount of buffer ground that will help mitigate some of those affects to the surrounding property owners. D The Chair asked if there was anyone in the audience who wished to speak for or against this application. Dennis Hoshiko, 1811 38th Ave, Greeley, Colorado, stated that he is the President of Hoshiko Farms which is located immediately south of the proposed site. He expressed concern over the drainage at the intersection of County Road 43 and County Road 64. He added that all the runoff comes to that intersection and then onto his property. He asked that this runoff be contained somehow so that it doesn't inundate his property. Mr. Hoshiko also expressed concern on the amount of traffic at this intersection as well. He added that this intersection will not accommodate the 4 axle trucks. Ms. Hansen commented that the drainage requirements for the site are full detention with a release at the 5 year historic rate. She added that she is told the storm this past weekend is a 10 year storm so the drainage would have been improved with that storm; however if the intersection and the ditches are already flooding in storms smaller than the 5 year historic then this will not be improving that situation. With the proposed traffic, it does not warrant turn lanes for this intersection. However if there are problems with the intersection then Public Works can review it and determine if improvements need to be made. I> Mr. Groom stated that they will not be having the 4 axle trucks and added that there is an Improvements Agreement; therefore DCP will be responsible for paying their proportional share of any improvements to that intersection. He added that the detention pond should help with Mr. Hoshiko's concern with drainage since any runoff will be captured in this detention pond. Commissioner Smock asked about the chemicals in the application and how will they ensure that these chemicals will not drain onto Mr. Hoshiko's property. Mr. Groom said that those chemicals are captured and contained in industry approved storage containers and then removed from site. Additionally, there are spill prevention plans approved by the County that they will have in place. Motion: Amend Development Standard 24 to allow for March 1st deadline; Motion by Benjamin Hansford, Seconded by Joyce Smock. Motion passed unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR13-0026 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin Hansford. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes. CASE NUMBER: USR13-0032 APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO 3 PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A MAJOR FACILITY OF A PUBLIC UTILITY (ONE 115 kV TRANSMISSION EXTENDING APPROXIMATELY 2.5 MILES) IN THE A (AGRICULTURAL), R-1 (LOW DENSITY RESIDENTAL) AND I-3 (INDUSTRIAL) ZONE DISTRICTS LEGAL DESCRIPTION: THE PREFERRED ROUTE COMMENCES AT THE MONFORT SUBSTATION LOCATED IN THE NE4 OF SECTION 33, T6N, R65W AND HEADS TO THE MIDDLE OF THE SE4 OF SECTION 33 THEN CONTINUES WEST ALONG THE S2 OF SECTION 33 AND TERMINATES AT THE LUCERNE GAS PLANT EXPANSION IN THE S2 OF SECTION 32, T6N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO LOCATION: GENERALLY LOCATED NORTH OF EAST C STREET; 0.5 MILES WEST OF CR 43; SOUTH OF CR 64.5; EAST OF NORTH 6TH AVENUE. Kim Ogle, Planning Services, presented Case USR13-0032, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. D Don Carroll, Public Works, reported on the required permits for crossing right-of-ways and transport permits, and weed control throughout the corridor. Mr. Carroll noted that because there are no drainage requirements for transmissions lines Development Standards 3, 11 and 12 may be deleted. Delete Development Standards 3, 11, and 12 as stated by staff and renumber accordingly, Motion by Joyce Smock, Seconded by Benjamin Hansford. Motion carried unanimously. 11> Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. Derek Holscher, Xcel Energy, 1800 Larimer Street, Denver Colorado, stated that they are requesting approval of the construction of a new single circuit 115kV transmission line beginning at the existing PSCO Monfort Substation to DCP Midstream's Lucerne Gas Compressing Plant expansion. The DCP location is proposing expansion at this facility in order to meet the growing production therefore they have requested that PSCO construct this transmission line from their existing Monfort substation to their new substation. The minimum ground clearance of these structures will be 24 foot high with the towers ranging in height from 70 foot to 120 foot high. They anticipate service operation October 2014. Commissioner Maxey referred to the existing 44kV line located on 18' Avenue and asked why they don't upgrade that line so they just maintain that one route. Mr. Holscher said that they looked at that line initially, however that line is at capacity and the level needed for DCP is a 115kV line. He added that the line along 1s' Avenue is where many residences are located and they were trying to limit the impact to those residences. In response to Mr. Maxey's inquiry, there is a 40 foot easement for the existing 44kV line and the additional line will require a 75 foot easement. D The Chair asked if there was anyone in the audience who wished to speak for or against this application. Dennis Hoshiko, 1811 38th Avenue, Greeley, Colorado, stated that he intends to install a center pivot irrigation system on his property in which the transmission line intersects on County Road 43. He expressed strong opposition to this request. He feels that they could use the existing 44kV route. Additionally, he has crop dusting performed on his fields and this would greatly impact that. D Barnard Gesick, 32879 CR 51, stated that he operates the Bliss Farm which would be cut off by this line. This is a 5th generation farm and they do not wish to see this happen. He concurred with the crop dusting issue. The construction time is during the summer and that would be very difficult with farming. Additionally, he said that it doesn't drain where they intend to put a pole on the Bliss property and asked how this will affect that. 4 D Dave Boyd, 2695 Amber Drive, Loveland, Colorado, stated that he is speaking on behalf of Bliss Trust. He is married to Susan Bliss. He said that farming is a very tough business and understands Mr. Hoshiko's concerns regarding the transmission line intersecting the center pivot. He encouraged denial of this application and asked the Planning Commission to preserve farm ground. Mr. Holscher stated that they used the assessor's record in notifying everyone in the project area. With regard to the center pivot they may be able to work something out by moving the right-of-way over so that he can install the center and irrigate half of the site. Commissioner Sparrow stated that watering half the site does not meet the center pivot irrigation to water the entire section. He asked why 75 foot was needed. Mr. Holscher said the 75 feet will accommodate the conductors on the pole. In response to Mr. Boyd's inquiry of running the line underground, Mr. Holscher said that it is anywhere from 5 to 10 times more expense than overhead. Typically, you don't see the underground lines in the agricultural setting as you do in urban settings. He added that if something were to go wrong with the line they would need to identify the problem and the construction would be more impactful. Mr. Holscher stated that they could work around the farming operations and the construction time. He added that they can work with landowners on the placement of the poles as well so that their concerns can be addressed. The Commissioners asked the applicant if other routes were entertained as well. (Commissioner Hansford left the meeting at 3:38 pm.) D Ken Hallack, 1800 Larimer St, Denver Colorado, stated that it has been asked why not use the 1s` Street transmission line. She said that with that we have to acquire more easement and on both sides of that road there are existing residences. In some cases, with the additional easement, that could be into their yard or even into their home. Ms. Hallack commented that some of these issues are global regardless of where they would locate the transmission line. She added that this is an agricultural area so as far as potential crop dusting and central pivot irrigating those will be issues no matter which route they would end with. Commissioner Maxey understands that this area is surrounded by agriculture however when you are cutting a farm in half you could be impacting that farm for any type of aerial spraying or even ground work. Whereas if you could locate the line along a section line that wouldn't impact that farm. Ms. Hallack agreed that if they could avoid those impacts they would; however it is a balancing act between the location of the residences and wells. Ms. Hallack said that they would love to meet with the landowners to try and mitigate these concerns. They looked at all the impacts collectively and they would appreciate any meetings with the landowners. Commissioner Maxey asked if they are opposed to a continuance of this case to talk with the surrounding landowners and mitigate their concerns. Ms. Hallack said that they are not opposed to a continuance. The Chair called a recess at 3:43 pm for the applicants to visit about the continuance and reconvened at 3:56 pm. D Ms. Hallack said that if they continue this case they would prefer the September 17, 2013 Planning Commissioner hearing date. Commissioner Maxey asked what the cost difference is between the preferred route and the alternate Route C. Ms. Hallack said that they didn't have those costs prepared. She said that it is important to get their project approved so if right now the Route A or Route C were approved and they are more 5 expensive they are more than willing to consider those routes. Commissioner Smock clarified if the transmission line still cuts the farm in half even with the alternate routes. Ms. Hallack replied that was correct. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. The Chair asked if the Planning Commission wished to continue this case or if they are ready to make a recommendation to the Board of County Commissioners. Mr. Ogle clarified that the applicants are requesting a continuance to the September 17, 2013 Planning Commission hearing to allow time to visit with the property owners. Motion: Continue Case USR13-0032 to the September 17, 2013 Planning Commission hearing, Moved by Bruce Sparrow, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Benjamin Hansford, Jason Maxey, Jordan Jemiola, Joyce Smock, Bruce Sparrow, Michael Wailes. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. D The Chair asked the Planning Commission members if there was any new business to discuss. Ms. Smock welcomed the new Planning Commission members. Meeting adjourned at 4:07 pm. Respectfully submitted, Kristine Ranslem Secretary 6 Hello