The URL can be used to link to this page

Browse Search

Home My WebLink About20191335BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION 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: APPLICANT PLANNER: REQUEST LEGAL DESCRIPTION LOCATION USR18-0129 MATTHEW & LISA GEIB. CIO ROCKY MOUNTAIN MIDSTREAM. LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (COMPRESSOR STATION FACILITY) ALONG WITH A 60 -FOOT COMMUNICATION TOWER AND NO MORE THAN NINE (9) CONSTRUCTION TRAILERS AND CONEX STORAGE CONTAINERS TO BE UTILIZED TEMPORARILY DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -3128. PART NE4 SECTION 26, T5N, R65W OF THE 6TH P.M.. WELD COUNTY. COLORADO. APPROXIMATELY 1,600 FEET SOUTH OF CR 54: APPROXIMATELY 2.000 FEET WEST OF CR 47. 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 22-2-20. G.2. A.Policy 7.2 states `Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region" The land that Rocky Mountain Midstream, LLC is proposing to convert to industrial use is located in a rural area where there is a significant amount of oil and gas activity already is occurring on adjacent properties. Conditions of approval and Development Standards (including noise standards and lighting standards) will ensure compatibility with the region as well. Section 22-5-100.A. (OG.Goal 1.) states Promote the reasonable and orderly exploration and development of oil and gas mineral resources." Rocky Mountain Midstream LLC is proposing to expand operations in Weld County. Rocky Mountain Midstream is a business that is in the midstream segment of the natural gas industry. As part of its business, Rocky Mountain Midstream gathers raw natural gas via pipelines for processing and transmits final products to customers via pipelines. In Weld County, Rocky Mountain Midstream operates an expanding network of gathering pipelines and compressor facilities. 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 capacity needs to be expanded in order to meet the growing production. This proposed compressor station facility will connect to the Greeley Directional and Ardey pipelines that connect to the Fort Lupton Gas Plant (USR17-0059) and Keenesburg Gas Plant. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 2 there are adequate provisions for the 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 construction of this facility. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 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 resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. 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. Conditions of approval and development standards (screening, lighting, noise abatement plan) will address impacts associated with this use. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed Compressor Station site is located approximately 1,700 feet from the nearest residences. An existing oil and gas support facility (USR15-0063 — Storage of oil and gas pipe and equipment) is located approximately 2,000 feet to the east. Existing oil and gas tank batteries are located approximately 1,200 feet to the east as well. The nearest residences are located approximately 0.25 to 0.5 miles to the north and east of the proposed compressor station facility. No phone calls or correspondence has been received from surrounding property owners in regard to this case. A Noise Abatement Plan, Lighting Plan and Screening Plan are required as a condition of approval of this USR. 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 located within the three (3) mile referral areas of the City of Greeley, City of Evans and Town of Kersey. The proposed facility is also located within the Cooperative Planning Agreement (IGA) boundaries of the City of Evans and the Town of Kersey. Prior to acceptance of the application, this application was referred to the City of Evans and Town of Kersey. Both Evans and Kersey indicated that they did not wish to annex the site in their responses dated 1/15/2019. The City of Greeley in their referral comments, dated 3/6/2019 indicated that they have no concerns. No referral response has been received from either the City of Evans or Town of Kersey. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 3 The property is not within the Geologic Hazard Overlay District or a Special Flood Hazard Area. The property is located in the Airport Overlay District. The Greeley -Weld County Airport indicated no comments in their referral dated 1/22/2019. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program and the 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. The proposed facility is located on approximately 10 acres delineated as "Irrigated Land (Non -Prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. G. Section 23 -2 -220.A.7 —There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. 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 can 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 plat: A. 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) B. 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) C. The applicant shall provide an updated Noise Abatement Plan. The Noise Abatement Plan shall include noise modeling for the facility in its buildout condition. (Department of Planning Services) D. The applicant shall submit a Screening Plan that screens the site from the surrounding property owners and rights -of -way for review and approval by the Department of Planning Services. The facility shall be screened by a solid opaque fence, a combination of a fence and landscaping. If landscaping is proposed, an irrigation and landscaping maintenance plan shall be provided. (Department of Planning Services) E. The RECX19-0013 plat shall be submitted to the Department of Planning Services for recording. (Department of Planning Services) F. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0129 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 4 4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. The map shall delineate the approved screening. (Department of Planning Services) 6. The map shall delineate the lighting. (Department of Planning Services) 7. All signs shall be shown on the map and 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) 8. County Road 47 is a paved road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 9. County Road 54 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 10. 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) 11. Show and label the approved tracking control on the site plan. (Department of Public Works) 12. 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) 13. If applicable, 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) 14. Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 15. Show and label the drainage flow arrows. (Department of Public Works) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 17. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services - Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 5 approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar 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) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat 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 three (3) month period. (Department of Planning Services) 4. 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 mags@co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Public Works) B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) 6. 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) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Gene Stille. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent 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. RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 6 CERTIFICATION OF COPY I, Kristine Ranslem, 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 March 19, 2019. Dated the 19'" of March, 2019 Kristine Ranslem Secretary RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Rocky Mountain Midstream, LLC USR18-0129 1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0129, for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with no more than nine (9) construction trailers and conex storage containers to be utilized temporarily during construction of the facility in the A (Agricultural) Zone District, 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 hours of operation are 24 hours per day, 365 days per year. (Department of Planning Services) 5. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of Planning Services) 6. The applicant or operator shall comply with the approved Noise Mitigation Plan. (Department of Planning Services) 7. The applicant or operator shall comply with the approved Communications Plan. (Department of Planning Services) 8. The applicant or operator shall comply with the approved Lighting Plan. (Department of Planning Services) 9. The parking area on the site shall be maintained. (Department of Planning Services) 10. 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) 11. The screening on the site shall be maintained. (Department of Planning Services) 12. Collocation of other antenna by other service providers shall be permitted on the tower as long as it meets the security standards and policies of the operator. (Department of Planning Services) 13. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and any associated equipment shall be removed and the premises restored to its original condition according to the Decommissioning Plan. (Department of Planning Services) 14. 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. (Department of Planning Services) 15. This site is located within the Airport Overlay District. (Department of Planning Services) 16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 17. 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 RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 8 Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 18. 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) 19. 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) 20. 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) 21. 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 serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be screened from adjacent existing properties. (Department of Public Health and Environment) 22. 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) 23. 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) 24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 25. 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) 26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. and comply with the approved Noise Mitigation Plan. (Department of Public Health and Environment) 27. 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) 28. 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) 29. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 30. 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) RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 9 31. 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) 32. 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) 33. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 35. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 36. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services - Engineer) 37. 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) 38. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 39. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Department of Public Works) 40. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 41. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 42. 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) 43. Building permits may be required, for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes; 2018 International Residential Code; 2006 International Energy Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued prior to the start of construction. (Department of Building Inspection) 44. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 45. 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 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. RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 10 46. 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. 47. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 48. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 49. 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. (Department of Public Health and Environment) 50. 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. 51. WELD COUNTY'S RIGHT TO FARM: 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 RESOLUTION USR18-0129 MATTHEW & LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 11 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. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 19, 2019 EXHIBIT s o -alt 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, Michael Wailes, at 10:00 am. Roll Call. Present: Bruce Sparrow, Elijah Hatch. Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck. Skip Holland, Tom Cope. Absent: Bruce Johnson. Also Present: Chris Gathman, Maxwell Nader, Jim Flesher, and Tom Parko, Department of Planning Services: Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney. and Kris Ranslem, Secretary. (Bruce Johnson arrived at 10:08 am) The Chair announced that all nine (9) members of the Planning Commission are in attendance. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0129 MATTHEW & LISA GEIB. CIO ROCKY MOUNTAIN MIDSTREAM, LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (COMPRESSOR STATION FACILITY) ALONG WITH A 60 -FOOT COMMUNICATION TOWER AND NO MORE THAN NINE (9) CONSTRUCTION TRAILERS AND CONEX STORAGE CONTAINERS TO BE UTILIZED TEMPORARILY DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -3128. PART NE4 SECTION 26, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 1,600 FEET SOUTH OF CR 54, APPROXIMATELY 2.000 FEET WEST OF CR 47. Chris Gathman, Planning Services. presented Case USR18-0129, 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. Commissioner Johnson said he was surprised that the nearest house is 1700 feet away and added that it seems strange that there are no neighbors who have objected to this case. Mr. Gathman said he measured the distance from the actual location of the proposed facility and not the property boundary. Evan Pinkham, 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. Matt Norton. Rocky Mountain Midstream, 3601 Stagecoach Road, Longmont. Colorado, stated that they have performed a baseline noise survey for this site and are in the process of a third -party (Behrens) performing a noise model of the equipment on site to verify that they will be able to meet the noise standards. He added that this noise modeling study will be completed and submitted prior to the Board of County Commissioner hearing. Mr. Norton said that they just completed a post construction and operation noise survey and it shows that they are having less of an impact than the model identified. Mr. Norton provided a brief summary of the site plan and the proposed landscaping on site. 1 Commissioner Ford referred to the proposed combustors and asked if they make any noise. Mr. Norton said that there is a noise associated with it, however, it is below the required noise standards. Mr. Ford asked if the compressors will be electric or gas operated. Mr. Norton identified on the visual slide which compressors will be gas and which compressors will be electric. Commissioner Johnson asked how far the facility is from the railroad to the south. He further asked if there is a risk from the sparks from the railroad to any flammable material to cause a dangerous situation. Mr. Norton said that he believes the facility is far enough away from the railroad to have those risks. He added that inside the buildings they have fire -eyes so if there is a big light or something inside the building it will automatically shut the facility down. Commissioner Cope asked how long it takes for the build -out of the facility. Mr. Norton said that it takes about six (6) months. 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 they have read through the 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 USR18-0129 to the Board of County Commissioners along with the 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 = 9). Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Meeting adjourned at 3:04 pm. Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD EMAIL NAME - PLEASE PRINT LEGIBLY ADDRESS 123 Nowhere Street, City/ State, Zip John Doe 14tet+- ettea. acsek 4 ib_der,heeh_ ti-c.tribimeeits:ea Le_ts,‘,Q_LtieD Pinwet. Orarcia esn 95%( 4poos. k':2tfrt1 .^; tecA _94 ` IteL, . 444.03,44 K i ,_•-ig lie koLtit Co gt66 i ' 6 7 - D- 444 41 . ,, . •-•-- a 11-6,/ 4 ale 1 f<ir -11.e.k 11) "I, j e -t, Ay ser-tet ENC. ICI In Aca ''iodei/ , 3 ' AC -I, a 605-- in _, tr..* A &MI C e tit A Iv/m-6 ' :" ;IAA 're 0 OL 0 . , ansezaz- e /2 - - I/ fY ce.Q I .. 1+`de7pzi,Ciaa90: at Lig iltroy ? Misa4 a. tiger? /Or se**.frit.7kt 6 fireriel 560 -1i-a coot. et 97 oilcan 10,C4) a Ado‘ O ca.1-'•. Q. LOP r 4 cgcSf. a gyp_ Csna r,c .0,4:\\."4.9:kt\e \ es r) a ifiltee "LerLik. tot S did% :AtabrCalCa%014.4"4,5CkaCisIbit‘Se ore).4.° CA 61 tr geCteteC LI:4 t'"r CC) 18;b‘92 iz pal /Sit artMeed).#4-it Cr cans 4D. a ci4etsjgrA2o re,e eiii•-t'S - 4tTes%% gat)) ge a I br ?Ct.' Col/MS rea5 12 49 Sai-yes- en 0,c. S 4e, . i • i . A ' A 1 11 7- c-rit 3‘, 1 Silt lA r vi - --- 'ai .„......... I (` , how casishor .%.- .,'r ca. Hello