HomeMy WebLinkAbout20190841.tiff EXHIBIT
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BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION _ � S
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, 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
CASE NUMBER-. USR18-0115
APPLICANT KAUFFMAN BROTHERS LIMITED PARTNERSHIP.. C/O CURETON MIDSTREAM
PLANNER�. ANGELA SNYDER
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MWERAL RESOURCE DEVELOPMENT FACILITIES INCI.UDING
OIL ANO GAS SUPPORT AND SERVICE INCLUDING FOUR (4 ) GAS
COMPRESSORS. MOTOR CONTROLCENTER AND RELATED EQUIPMENT
AND UP TO FOUR �4) CONSTRUCTION OFFICE TRAILERS AND SIX (6� CONEX
CONTAWERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION NE4 SECTION 20, T2N . R63W OF THE 6TH P.M. . WELD COUNTY, COLORADO.
LOCATION� SOUTH OF AND ADJACENT TO CR 20 ROW. WEST OF AND ADJACENT TO
CR 65 ROW.
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 23-2-260 of the
Weld County Code.
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect. Section 22-5-100.A. (OG. Goal t . ) states " Promote ihe
reasonable and orderly exploration and development of oil and gas mineral resources. "
Oil and gas development in the County is an integral part of the County economy and has a
substantial direct and indirect impact on current and future land use. Oil and gas development is
cyclical , but the economics of energy suggests sustained levels of exploration and extraction in the
County for the next twenty (20) years.
Cureton is a business that is in the midstream segment of the natural gas industry. As part of its
business, Cureton gathers raw natural gas via pipelines for processing and trensmits fnal products to
customers via pipelines. In Weld County, Cureton operates an expanding network of gathering
pipelines as well as gas processing plants. The DJ Basin area has seen rapid expansion as new
drilling technologies are allowing more oil and gas to be produced. As a result gas gathering and
processing capaciry needs to be expanded in order to meet the growing production. To meets these
needs. Cureton is proposing the Miskey Compressor Station , necessitated by the need to move larger
volumes of gas due to the increases in drilling activity and projected additional production increases
anticipated by producers. The proposed compressor will be sited on a twenty (20) acre Subdivsion
Exemption parcel for oil and gas support and service.
This proposal has been reviewed by the appropnate referral agencies and it has been determined that
the attached Conditions of Approval and Development Standards ensure that there are adequate
provisions for ihe protection of the health , safety and welfare of the inhabitants of the neighborhood
and County, and will address and mitigate impacts on the surrounding area due to the consiruction of
this facility.
B Section 23-2-220.A. 2 — The proposed use is consistent with the intent of the A (Agricultural) Zone
DistricL Section 23-3-40.A2 of the Weld County Code provides for Mineral Resource Development.
Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District.
Agriculture in the County is considered a valuable resource which must be protected from adverse
impacts resutting from uncontrolled and undirected business. industrial and residential land uses.
The A (Agriculturaq Zone Distnct is established to maintain and promote agriculture as an essential
feature of Ihe Counry. The A (Agricultural ) Zone District is intended to provide areas for the conduct
of agricultural activities and activities related to agriculture and agricultural production without the
interference of other, incompatible land uses . The A (Agricultural) Zone District is also intended to
provide areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural)
Zone District regulations are established to promote the health , safety and general welfare of the
present and future residents of the County.
C . Section 23-2-220 .A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The proposed Miskey Compressor Station is located in an area of the County used primarily for
dryland agriculture and pasture land and already contains various oil and gas operations and facilities.
The existing site is surrounded by one irrigated center pivot, dryland agricultural fields and very few
residents . There is an existing mineral resource development facility that includes transloading north
of and adjacent to the site and permitted by MUSR14-0033.
By keeping the proposed compressor footprint small (approximately 20-acres) and on an unfarmed
portion of land , Cureton intends that surrounding agricultural areas will not be affected by the
compressor station' s presence . Once the construction is completed , the contractor laydown yard and
parking area that was disturbed will be reseeded with a native seed mix.
The impact from light onto adjacent properties will be minimized . The lights that will be on site, will be
manually turned on by an operator when needed . No security lighting is proposed , however, shielding
for the manual outdoor lights is proposed to help mitigate any light pollution that may occur during
those times an operator needs to access the facility at night.
Noise impacts are expected to be minimal , as the facility is located over a half-mile from any
residence, next to a use by right dairy operation and a transloading facility that was granted Industrial
Zone noise standard as part of MUSR14-0033. The applicant has requested a Commercial Zone
noise standard to be able to remain in compliance with the Development Standards. The Department
of Environmental Health , in a November 29 , 2018 referral response, recommended a Commercial
Zone noise standard .
There are seven (7) parcels represented by four (4) property owners within five hundred feet of this
facility, There are two homes approximately 0 .6 and 0 .7 miles away from the site. Planning staff has
not received any telephone calls or letters of correspondence concerning this land use application .
In the unlikely event operations cease at the Miskey Compressor Station , Cureton will remove the
equipment in accordance with COGCC regulations in accordance with the Decommissioning Plan
submitted in the application materials . Where possible , materials will be reused or recycled . Where
required , materials for disposal will be removed by a licensed contractor and transported to a disposal
site. Cureton will comply with all COGCC regulations concerning site restoration .
D . Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities .
The site is within the Intergovernmental Agreement Area and three mile referral area of the Town of
Keenesburg . The Town indicated no desire to annex the property on the Notice of Inquiry form
turned in with the application and the Town did not return a referral response .
E . Section 23-2-220.A. 5 -- The application complies with Section 23-5 of the Weld County Code.
The property is not within a recognized overlay district for the Geologic Hazard , Flood Hazard , M4
area or Airport Overlay Districts .
The site is also within the County-wide Road Impact Fee Area . Building Permits issued on the lots will
be required to adhere to the fee structure of the County-wide Road Impact Fee , County Facility Fee
and Drainage Impact Fee Programs .
F . Section 23-2-220 .A. 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
This proposed facility is located on a single leasehold parcel secured through a Subdivision
Exemption for oil and gas support and service . The proposed facility is sited on lands that are
designated as `Other Land" on the Important Farmlands of Weld County map dated 1979 . No
productive agricultural land will be impacted .
C . Section 23-2-22O.A. 7 -- The Design Standards (Section 23-2-240 , Weld County Code), Operation
Standards (Section 23-2-250 , Weld County Code), 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 recommendation for approval is conditional upon the following :
1 . Prior to recording the USR map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required . (Department of Public Works)
B. During construction , a Road Maintenance Agreement is required at this location . Road maintenance
includes , but is not limited to, dust control and damage repair to specified haul routes . (Department of
Public Works)
C . The applicant shall submit a recorded copy of any agreement signed by all of the owners of the
property crossed by the access . The access shall be for ingress , egress , utilities and shall be
referenced on the USR map by the Weld County Clerk and Recorder's Reception number.
(Department of Public Works)
D . The USR map shall be amended to delineate the following :
1 . All sheets of the USR map shall be labeled USR18-0115 . (Department of Planning Services)
2 . The attached Development Standards . (Department of Planning Services)
3. The USR map shall be prepared in accordance with Section 23-2-260 . D of the Weld County
Code. (Department of Planning Services)
4. County Road 63 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
5. County Road 20 Section Line has 30 feet of unmaintained section line right-of-way on the south of
the section line. The applicant shall delineate the existing right-of-way on the site plan . Show and
label the section line Right-of-Way as ``CR 20 Section Line Right-Of-Way, not County maintained ."
Reference the documents creating the right-of-way. All setbacks shall be measured from the edge
of right-of-way . (Department of Public Works)
6. Show and label the approved access locations , approved access width and the appropriate
turning radii (60') on the site plan . The applicant must obtain an access permit in the approved
location(s) prior to construction . (Department of Public Works)
7. Show and label the entrance gate if applicable . An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the
traveled way when the gate is closed . In no event, shall the distance from the gate to the edge of
the traveled surface be less than 35 feet. (Department of Public Works)
8. Show and label a 30-foot minimum access and utility easement to provide legal access to the
parcel on the site plan . ( Department of Public Works)
9. Show and label the accepted drainage features . Stormwater ponds should be labeled as
"Starmwater Retention , No-Build or Storage Area" and shall include the calculated volume.
( Department of Public Works)
10 . Show and label the drainage flow arrows . ( Department of Public Works)
11 . Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2 . Prior to Construction :
A. If more than one ( 1 ) acre is to be disturbed , a Weld County Grading Permit will be required .
(Department of Public Works)
3. Prior to Operation
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services . (Department of Planning Services)
4. Upon completion of Conditions of Approval No. 1 . above the applicant shall submit a Mylar USR map along
with all other documentation required as Conditions of Approval . The Mylar USR map shall be recorded in
the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR
map shall be prepared in accordance with the requirements of Section 23-2-260 . D of the Weld County
Code. The Mylar USR map and additional requirements shall be submitted within one hundred twenty
( 120►) days from the date of the Board of County Commissioners resolution . The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
5. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review",
as appropriate. Acceptable format is a projected ESRI shapefile ( .shp , . shx, .dbf, . prj) with a defined
coordinate system (i . e. , NAD 1983 UTM Zone 13N , WGS 1984, NAD 1983 HARN StatePlane Colorado
North FIPS 0501 (US Feet) . . . . etc. ). This digital file may be sent to mapsacaweld .co. us . (Department of
Planning Services)
6. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012 , should the USR map
not be recorded within the required one hundred twenty ( 120) days from the date of the Board of County
Commissioners resolution a $50 .00 recording continuance charge shall be added for each additional 3-
month period . ( Department of Planning Services)
7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk
and Recorder. ( Department of Planning Services)
Motion seconded by Gene Stille .
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
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 , Michelle Wall , 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 February 19, 2019.
Dated the 19th of February, 2019
Malt
Michelle Wall
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cureton Midstream C LLC
Miskey Compressor Station
USR18-0115
1 . A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development
Facilities including Oil and Gas Support and Service including four (4) gas compressors , motor control
center and related equipment and up to four (4) construction office trailers and six (6) conex for use during
the construction of the facility in the A (Agricultural) Zone (Miskey Compressor Station) and subject to the
Development Standards stated hereon . (Department of Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code. (Department of Planning Services )
3. This is an unmanned facility. ( Department of Planning Services)
4. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C , 23-D and 23-E of the
Weld County Code . (Department of Planning Services)
6. The applicant or operator shall comply with the approved Decommissioning Plan . (Department of Planning
Services)
7. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services .
9. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties . Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected , light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with , or construed as , traffic control devices . (Department of Planning
Services)
10 . The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to
Chapter 15, Article I and II , of the Weld County Code. ( Department of Public Works)
11 . The access to the site shall be maintained to mitigate any impacts to the public road , including damages
and/or off-site tracking . ( Department of Public Works)
12 . There shall be no parking or staging of vehicles on public roads . On-site parking shall be utilized .
(Department of Public Works)
13 . Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
14. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
15 . The historical flow patterns and runoff amounts on the site will be maintained . (Department of Public
Works)
16 . Weld County is not responsible for the maintenance of onsite drainage related features . (Department of
Public Works)
17 . All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100. 5,
C . R. S .) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination . (Department of Public Health and Environment)
18 . No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20- 100. 5, C . R. S. (Department of Public Health and Environment)
19 . Waste materials shall be handled , stored , and disposed in a manner that controls fugitive dust, blowing
debris , and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code . (Department of Public Health and Environment)
20 . Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission 's air quality regulations. ( Department of Public Health and Environment)
21 . The applicant shall submit an Air Pollution Emission Notice (A. P. E . N . ) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division , Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
22 . Adequate drinking , handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times . As employees or contractors are on site for less than 2 consecutive hours a day►
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County►
Department of Public Health and Environment. Portable toilets shall be screened from adjacent properties
and serviced by a cleaner licensed in Weld County and shall contain hand sanitizers . (Department of
Public Health and Environment)
23 . All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling . All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations . ( Department of Public Health and Environment)
24 . Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation . Secondary containment shall be sufficiently
impervious to contain any spilled or released material . Secondary containment devices shall be inspected
at regular intervals and maintained in good condition . All secondary containment will comply► with the
Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations . (Department of Public Health and
Environment)
25 . The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. ( Department of Public Health and Environment)
26 . Any contaminated soils on the facility shall be removed , treated or disposed of in accordance with all
applicable rules and regulations . All spills will be reported to local , state and federal agencies in
accordance with all state and federal regulations. ( Department of Public Health and Environment)
27 . The facility shall adhere to the maximum permissible noise levels allowed in the Commerical Zone as
delineated in 25- 12- 103 C. R. S . (Department of Public Health and Environment)
28 . The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division , if applicable.
(Department of Public Health and Environment)
29 . A Spill Prevention , Control and Countermeasure Plan , prepared in accordance with the applicable
provisions of 40 CFR, Part 112 , shall be available on site or as applicable. ( Department of Public Health
and Environment)
30 . The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
31 . The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. ( Department of Public Health and Environment)
32 . The operation shall comply► with all applicable rules and regulations of State and Federal agencies and the
Weld County Code . (Department of Public Health and Environment)
33 . Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Departmentof Planning)
34 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
35 . Necessary personnel from the Weld County Departments of Planning Services , Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time after giving
twenty-four (24) hour notice in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld County
regulations .
36 . The Use by 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 .
37 . 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 .
38 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources , including , but not limited to , sand and gravel , oil , natural gas , and coal .
Under title 34 of the Colorado Revised Statutes , minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits ; and (c) such deposits should be extracted according to a rational
plan , calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times , mineral resource sites
are fixed to their geographical and geophysical locations . Moreover, these resources are protected
property► rights and mineral owners should be afforded the opportunity to extract the mineral resource.
39 . WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country► in total
market value of agricultural products sold . The rural areas of Weld County may be open and spacious ,
but they are intensively used for agriculture . Persons moving into a rural area must recognize and accept
there are drawbacks , including conflicts with long-standing agricultural practices and a lower level of
services than in town . Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas : open views , spaciousness , wildlife, lack of city noise and congestion , and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area . Well-run agricultural activities
will generate off-site impacts , including noise from tractors and equipment; slow-moving farm vehicles on
rural roads ; dust from animal pens , field work, harvest and gravel roads ; odor from animal confinement,
silage and manure ; smoke from ditch burning ; flies and mosquitoes ; hunting and trapping activities;
shooting sports , legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying . It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations . A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3. 5- 102 , C . R .S . , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production .
Water has been , and continues to be , the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes , or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4, 000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3 ,700) miles of state and
county roads outside of municipalities . The sheer magnitude of the area to be served stretches available
resources . Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses , including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies . County gravel roads , no matter how often they are bladed , will not
provide the same kind of surface expected from a paved road . Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas , in many cases , will not be equivalent to municipal services . Rural dwellers must, by
necessity , be more self-sufficient than urban dwellers .
People are exposed to different hazards in the County than in an urban or suburban setting . Farm
equipment and oil field equipment, ponds and irrigation ditches , electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines , territorial farm dogs and livestock, and open
burning present real threats . Controlling children 's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood .
�L �� y� �-�-t-S EXHIBIT
Z /� 9 f t9 � �
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING �
Tuesday. February 19. 2019 ��
A regular meehng of the Weld County Planning Commission was held in Ihe Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair.
Michael Wailes at 12 : 30 pm.
Roll Call.
Present Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck. Elijah Hatch, Skip Holland.
Absent: Bruce Sparrow, Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman. Michael Hall, Angela Snyder, and Maxwell Nader, Department of
Planning Services: Lauren Light and Ben FrisselL Department of Health: Evan Pinkham, Hayley Balzano
and Mike McRoberts. Public Works: Bob Choate, County Attomey, and Michelle Wall, Secretary
CASE NUMBER. USR18-0115
APPLICANT KAUFFMAN BROTHERS LIMITED PARTNERSHIP. C/O CURETON
MIDSTREAM
PLANNER. ANGELA SNYDER
RE�UEST A SITE SPEGFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE INCIUDING FOUR (4) GAS
COMPRESSORS . MOTOR CONTROL CENTER AND RELATED EQUIPMENT
AND UP TO FOUR (4 ) CONSTRUCTION OFFICE TRAILERS AND SIX (6)
CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE
FAGLITY IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION NE4 SECTION 20. T2N . R63W OF THE 6TH P.M. , WELD COUNTY,
COLORADO.
LOCATION SOUTH OF AND ADJACENT TO CR 20 ROW, WEST OF AND ADJACENT TO
CR 65 ROW
Angela Snydec Plannmg Services, presented Case USR18-0115, reading the recommendation and
comments into ihe record. The Department of Planning Services recommends approval of ihis application
with the attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Ben FrisselL Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control , and the Waste Handling Plan. Mr. Frissell stated they would like to amend Development
Standard 22 to add "portable toilets shall be screened from adjacent properties"
Nick Holland, 518 17'° Street. Suite 1405, Denver. Colorado, stated he is the Director of Ernironmental
Health and Safety for Cureton Midstream_ The Miskey Compressor Station is defined as a mineral resource
development facility by the County Code. Mr. Holland explained this is a natural gas compressor station.
They are proposing a 20acre facility. Mr. Holland said they are leasing the property and are doing a
Subdivision Exemption . Mr. Holland explained that gas is brought in to the facility, the gas is dehydrated,
impurities are removed and compressed into a higher presser The gas is then sent via pipeline to a
processing facility. There will be tanks on site to collect water and hydrocarbons that will be removed from
the site by trucks. The applicant anticipates approximateiy 4 truck trips per day.
Andrew Truitt, 9536 East I-25 Frontage Road, Longmont Colorado, stated ihat he is the Senior Engineer
for Behrens and Associates Environmental Noise Control The full build out is 4 compressors with their
associated components for acoustical modeling . Ambient sound measurements were taken and comply
with County Code as well as the noise modeling methodology
Commissioner Ford asked if they had plans to put up a building around Ihe compressors Mr. Truitt
explained they will have weather enclosures around the compressors and engines that is localized to the
skid itself.
Nick Holland spoke about Cureton's safety processes. They operate their pipelines 20% below design
pressure but test the pipelines at 150% pressure. The control system has redundant processors, power
supplies and alternative power. The site is being monitored at all times at the Front Range Gas Plant
Control Room. Mr. Holland requested adding language into Development Standard #35 to allow notice
from County Staff before they would access onto the property.
Commissioner Ford asked how long it would take for a staff member to get to the Miskey site if there was
an emergency. Mr. Holland said it was about a 10 -minute drive from the Front Range facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Amend Development Standard 17 to add portable toilets shall be screened from adjacent
properties, as recommended by staff. Moved by Elijah Hatch, Seconded by Michael Wailes. Motion
passed unanimously.
Motion: Amend Development Standard 35 to add "after giving twenty-four (24) hour notice", as
recommended by staff. Moved by Tom Cope, Seconded by Elijah Hatch. 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 USR18-0115 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 Elijah Hatch, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope.
Absent: Bruce Johnson, Bruce Sparrow.
Commissioner Hatch stated the applicant meets the criteria in Section 23-2-222.A.1 — A.7. and is
compatible.
Meeting adjourned at 5:51 pm.
Respectfully submitted,
--t2CauLeed
Michelle Wall
Secretary
ATTENDANCE RECORD
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