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Home My WebLink About20112599.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 20, 2011 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m. ROLL CALL ABSENT Tom Holton Mark Lawley Nick Berryman Robert Grand Bill Hall Benjamin Hansford Alexander Zauder Jason Maxey -- Also Present: Kim Ogle, Department of Planning Services; Don Carroll and Heidi Hansen, Department of Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Jason Maxey moved to approve the September 6, 2011 Weld County Planning Commission minutes, seconded by Bill Hall. Motion carried. The Chair read the first case into record. CASE NUMBER: USR-1789 APPLICANT: Cannon Land Company, do Encana Natural Gas, Inc. PLANNER: Tom Parko REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Storage Facilities (LNG Liquefaction and Storage) and Oil and Gas Support and Service(fueling station, mini-liquefaction facility, staging) in the A (Agricultural)Zone District. LEGAL DESCRIPTION: SE-1206; being part of the S2SW4 of Section 11, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 22; approximately one (1) mile east of CR 31. Kim Ogle, Planning Services, stated that the applicants are requesting a continuance of this case until October 4, 2011 due to a legal description technicality. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Jason Maxey moved that Case USR-1789, be continued to the October 4, 2011 Planning Commission hearing, seconded by Ben Hansford. Motion carried unanimously. The Chair announced that USR-1791, USR-1793, USR-1794 and USR11-0005 will be heard together as they are similar cases. The Chair read the cases into record. CASE NUMBER: USR-1791 APPLICANT: Bernhardt Farms LLC, do DCP Midstream, LP PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four(4)compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District. 1 ant. „ t /O -3 // 2011-2599 LEGAL DESCRIPTION: Part SW4 SW4 of Section 30;and the W2 of Section 31 excluding the easternmost 225 feet, All in T5N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: North and South of and adjacent to CR 52 Section Line; East of and adjacent to CR 25. CASE NUMBER: USR-1793 APPLICANT: Herman Libsack, do DCP Midstream, LP PLANNER: Kim Ogle REQUEST: USR-1793-A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four(4) compressors associated with gas equipment processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B RE-3677, Part NE4 Section 36,T6N, R65W of the 6th P.M.,Weld County, Colorado. LOCATION: South of and adjacent to CR 64;west of and adjacent to CR 49. CASE NUMBER: USR-1794 APPLICANT: Kendall Sullivan, do DCP Midstream, LP PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to,four(4) compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot A RE-5107; Part SE4 of Section 17,T7N, R62W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to CR 80; approximately 0.5 miles west of CR 77. CASE NUMBER: USR11-0005 APPLICANT: WETCO Farms, Inc., c/o DCP Midstream, LP PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including oil and gas processing facilities and related equipment, including, but not limited to, four(4)compressors associated with gas processing or which compress gas to enter a pipeline for transport to market, in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Lot B RE-1905; Part NE4 Section 10,T4N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: West of and adjacent to CR 33; approximately 0.5 miles north of CR 46. Kim Ogle, Planning Services, stated that DCP Midstream is in the process of expanding their operations in Weld County. The expansion of existing operations will add to the current in place and permitted 2,800 miles of gathering lines, 7 natural gas plants, and 12 compressor sites. These land use permits will include a new gas plant and four compressor stations and interconnecting pipelines. DCP, as second largest gatherer and processor of natural gas and their clients have identified a need for new infrastructure to get the gas to market. The need is based on new technology for uncovering natural gas discoveries in the Niobrara Shale and the ability of the DJ Basin to expand based on these new technologies. The first compressor site is USR-1791 identified as the Bernhardt site. This proposed unmanned facility is located on a 160 acre parcel utilizing 10 acres for the compressor site. The site is within the three mile referral area of the Towns of Milliken and Johnstown and the City's of Evans and Greeley. The Town of Johnstown returned a referral indicating no conflict with their interests, and the City of Greeley returned a referral indicating no conflict with their interests and also providing an advisory that there are a City six(6) inch water main in or adjacent to 49th Street(aka County Road 52)and also a four(4) inch water main in 95th Avenue, (aka County Road 25). Further stating that right-of-way approvals are required if access roads cross the City of Greeley water lines in this area. The Town of Milliken and the City of Evans did not return a 2 referral. The second compressor site is USR11-0005, identified as the Godfrey Bottoms (WETCO) site. The site is within the three mile referral area of the City of Greeley and City of Evans. The City of Greeley in their referral dated August 24, 2011 had no planning concerns but did have engineering related recommendations specific to turning radius and site circulation; stormwater design and drainage related concerns and a notification of the required stormwater discharge permit from the Colorado Department of Public Health and Environment prior to commencing construction. The City of Evans did not return a referral indicating a conflict with their interests. Thirteen referral agencies reviewed this case and five offered comments that have been incorporated into this recommendation. Staff has not received telephone calls, email or letters concerning this case from surrounding property owners. The third compressor site is USR-1793, identified as the Libsack site. The existing site is within the three mile referral area of the City of Greeley. The City returned a referral indicating no conflict with their interests. Sixteen referral agencies reviewed this case and five offered comments some with specific conditions that have been incorporated into this recommendation. Staff has not received any letters, telephone calls or emails concerning this application from surrounding property owners and other interested parties. The fourth compressor site is USR-1794 identified as the Sullivan site. The site is not within the three mile referral area of any municipality. Twelve referral agencies reviewed this case and four offered comments that have been incorporated into this recommendation. Mr. Ogle provided memorandums which have proposed amendments to USR-1794. One amendment is in regard to some concerns that Public Works had about some conditions that were inadvertently left off. In addition, a universal amendment change to the request of USR-1791, USR-1793, USR11-0005 and USR- 1794 include the number of compressors (four compressors). Bill Hall moved to amend conditions of approval 1.A.10, 1.A.6 and add an additional item as outlined in the staff memorandum to USR-1794, seconded by Jason Maxey. Motion carried. Lauren Light, Environmental Health, stated that all of these sites are unmanned facilities therefore no permanent water or sewage disposal is required. She added that she included a development standard which states that when there is a full-time employee located on site then permanent water and sanitary facilities would be required. Heidi Hansen, Public Works, stated that these sites are on local gravel roads. Access Permit applications have been submitted for the access points. Adequate turning radiuses at the access points and double cattle guards to prevent tracking are required. In addition, an Improvements Agreement and Road Maintenance Agreement are required. Patrick Groom, representing DCP Midstream, 822 7th Street, Suite 760, Greeley CO introduced Greg Kardos who is the Asset Director for DCP for Weld County. Mr. Groom said that they believe this is an exciting project. It is intended to facilitate bringing to market the gas that is being produced from the Niobrara Shale. Greg Kardos, Asset Director for DCP, 3026 4th Avenue, Greeley, CO stated that they will be constructing a new processing plant along with these compressor sites. It is being driven by the growth here in Weld County. The DJ Basin is reinventing itself again and they believe that it is a great opportunity for Weld County. Mr. Cartos said that they have an extensive footprint in the County and they are great supporters of the community. He added that they are trying to be the best corporate neighbors that they possibly can be in Weld County. Commissioner Maxey asked about placement of the compressors on these 160 acre parcels. Mr. Groom said that the plan is to place the sites within the center of these properties. DCP has specifically 3 purchased larger parcels to create a buffer zone to accommodate surrounding neighbors so there wouldn't be too great an impact. The only exception to that is the Bernhardt site (USR-1791) as they were forced, because of some oil and gas well issues, to locate that slightly to the west of the center spot on that property. Mr. Maxey expressed concern of taking away prime irrigated farmland. He asked that if these are placed in the center of the property how that will impact the pivots and irrigated farmland. Mr. Groom said that the intention is to allow the continuation of farming on the property. DCP would like the land to remain in production if possible and if not to restore it to vegetative natural grasses. Mr. Groom added that there is a requirement for air permits that certain buffer areas be surrounding the compressor site and because of that it is important to locate these in the center of the parcel. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he 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. Bill Hall moved that Cases USR-1791, USR-1793, USR-1794 and USR11-0005, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Alexander Zauder. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, absent; Robert Grand, absent; Bill Hall,yes; Alexander Zauder, yes;Jason Maxey,yes; Benjamin Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously. The Chair read the following case into record. CASE NUMBER: USR-1792 APPLICANT: Thistle Down, Inc./Michael Boulter, c/o DCP Midstream, LP PLANNER: Kim Ogle REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, including, but not limited to an Electric Natural Gas Processing Facility in the A (Agricultural)Zone District. LEGAL DESCRIPTION: SE4 of Section 31,T5N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to CR 50;west of and adjacent to CR 51. The fifth land use case is for a Site Specific Development Plan and a Special Review Permit for Oil and Gas Support and Service, including, but not limited to an Electric Natural Gas Processing Facility in the A (Agricultural) Zone District. The LaSalle Gas plant, located south of the Town of Kersey will be an electric powered facility and is located North of and adjacent to County Road 50;west of and adjacent to County Road 51. This proposed facility is located on a 160 acre parcel utilizing 40 acres in the center of the parcel for an Electric Natural Gas Processing Facility and a cooperative Rural Electric Association Terminus substation. The permitting of this facility with electric service will be forthcoming in the near future. Ongoing agricultural production will continue on lands not impacted by this proposed facility. The proposed facility is sited on lands that are designated "Prime" and "Other" on the Important Farmlands of Weld County map dated 1979. The site is within the three mile referral area of the Town of Kersey. The Town returned a referral indicating no conflict with their interests. There are seven (7) property owners within five hundred feet of this facility. The property slopes south to north to a high point, and slopes in a downward gradient to the North.There are multiple accesses to property mostly associated with Noble Energy's oil and gas site improvements. There is a communications tower in the center portion of the 640 acre tract of land that appears to access off of County Road 49. A gas pipeline and Fibre-optic cable are in the right-of-way west side of County Road 51. In the immediate area, there is limited residential development,although there are residences to the south and 4 west of the parcel. Seventeen referral agencies reviewed this case and four offered comments that have been incorporated into this recommendation. Staff received no telephone calls, emails or letters concerning this case from surrounding property owners. The Weld County Department of Planning Services recommends approval of this application with the attached Conditions of Approval and Development Standards. Lauren Light, Environmental Health, stated that water is proposed to be provided by Central Weld County Water District. The septic system will need to be designed by an engineer and approved by the Board of Health. Noise is regulated by the Oil and Gas Commission. Don Carroll, Public Works, stated that access is from County Road 51, which is a local, gravel road. Adequate turning radiuses to accommodate the large trucks and a tracking pad consisting of double cattle guards to prevent tracking onto the county roads are required. Mr. Carroll asked if the applicant could clarify why the 60 proposed parking spaces do not match the number of employees on site. Mr. Carroll said that there is a lot of traffic and a Road Maintenance Agreement will be required. A full drainage report will also be required for this site. Mr. Carroll stated that staff would like to amend Condition of Approval 1.A.9 as referenced in the staff memorandum. Tom Holton, Chair, requested language for the proposed amendment to be reviewed by Mr. Carroll and amended as necessary. Patrick Groom, 822 7th Street, Suite 760, Greeley, CO stated that this proposal is the hub of this project. This is the processing plant which will receive the gas that is gathered by the gathering lines and compressed at the compressor stations. The gas will be processed at this plant and delivered to market. DCP is excited about this project because it will be a fully electrified plant. Greg Kardos stated that they are putting an administrative building at this facility and do expect that in addition to the plant operators there will be 10 to 12 permanent employees officed at this site. The reason for all the parking places is that during the construction period they will have a lot of people on the site and they wished to construct adequate parking to handle all the vehicles there. Additionally, after the plant is constructed there may be some meetings held out there or tours given. Mr. Kardos said that all electric compression will be used at this facility. He emphasized that they looked for areas where they could build these facilities where it would have the least impact to the public and surrounding neighbors. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked Public Works if they had language for the amendment to Condition of Approval 1.A.9. Mr. Carroll said that it should read "The applicant shall supply a drainage report. The report shall be signed and stamped by a professional engineer registered in the State of Colorado. Label the detention pond as a"No Build/Storage Feature"and place the detention pond in a drainage easement that has been described on the plat. Bill Hall moved to amend Condition of Approval 1.A.9 as stated by staff, seconded by Jason Maxey. Motion carried. The Chair asked the applicant if he 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. 5 Bill Hall moved that Case USR-1792, be forwarded to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Jason Maxey. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, absent; Robert Grand, absent; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes with comment; Benjamin Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously. Commissioner Maxey expressed concern of taking away prime irrigated farmland and would like DCP to have them work with the property owner to mitigate how much irrigated farm ground they took away. Meeting adjourned at 2:05 pm. Respectfully submitted, Kristine Ranslem Secretary 6 Hello