HomeMy WebLinkAbout20190044BEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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:
U S R 18-0106
GARY HOWARD. JOHN & DIANA HOWARD AND D&C FARMS. LLLP. C/O
DISCOVERY DJ SERVICES, LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION FACILITY)
ALONG WITH A 60 -FOOT COMMUNICATION ANTENNA IN THE A
(AGRICULTURAL) ZONE DISTRICT.
SE4 SECTION 29. Ti N. R67W OF THE 6TH P.M., WELD COUNTY, COLORADO.
WEST OF AND ADJACENT TO CR 17 AND NORTH OF AND ADJACENT TO CR 4.
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 1.) states "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources.
The application materials indicate that the proposed compressor station facility will be located
inside of buildings with sound reduction features and that the ventilation systems will be
designed to minimize noise.
The proposed facility is required to submit a noise abatement plan, lighting plan, and
landscape and screening plan to address the potential noise and lighting impacts associated
with the facility.
The proposed facility is located on land delineated as -prime" per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. However, the facility will have a limited
footprint as it will be located on 10 acres of the 155 -acre parcel. Landscape and Screening,
lighting and sound abatement plans will be required for this facility to mitigate the impacts of
the facility on the surrounding area.
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 in the A (Agricultural) Zone District.
Section 23-3-10 — Intent states. "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 proposed use is in an area that can support this development (it is located over 0.5 mile
from the nearest residences) and the Development Standards. and the Conditions of
Approval (including requirements for landscaping and screening, lighting and noise
abatement) will assist in mitigating the impacts of the facility on the adjacent properties and
ensure compatibility with surrounding land uses and the region.
C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
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surrounding land uses
The proposed compressor station facility is located approximately 3,500 feet east, 3,400 feet
west, 3,100 feet and 2,900 feet south of the nearest existing residences in the area
The facility is surrounded by cropland in the immediate vicinity
An e-mail from a surrounding property was received dated 10/8/2018 This e-mail expresses
concerns that the application has not shown an attempt to be compatible with the rural
agricultural nature of the area and did not explain how this proposed use is consistent and
compatible with the region The e-mail requests that the facility be surrounded by adequate
berming to ensure that the facility meets the residential noise standard and requests that the
site be screened with trees to be more compatible with the surrounding area The property
owner wanted to be notified if there is to be a flare installed on this site
The applicant held a neighborhood meeting on 6/12/2018 The notes from the meeting
indicate that the applicant will utilize on -demand lighting for walkways and equipment (the
lights will be pointed in a downward direction) and have worked with surrounding property
owners to calibrate the direction and intensity of lights The applicant indicated at the meeting
that they would develop predictive models showing how the facility will meet noise standards
(50 db at night and 55 db at day) The buildings that enclose the compressors will have sound
reduction features and will use horizontal coolers to help minimize noise
A Communication Plan, Noise Abatement Plan, Lighting Plan, Landscape and Screening
Plan are required to be submitted and approved 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 Northglenn and City of
Dacono The City of Northglenn in their referral comments, dated 10/3/2018 indicated that
the application complies with their comprehensive plan and that it may fall within their 208
Service Area The City of Dacono, in their referral received 10/9/2018 indicated no conflicts
with their interests
E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code
The property is not within the Geologic Hazard Overlay District or the Airport Overlay District
A portion of the property is located within the 100 -year floodplain However, the compressor
station site is located outside of the floodplain
Building Permits issued on the lot will be required to adhere to the fee structure of the _
County -Wide Road Impact Fee Program
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
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 155 7 acres delineated as "Prime", "Prime if
Irrigated" and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map The approximate 10 -acre compressor site will be located on a portion of the
property delineated as "Prime" The remainder of the property will not be impacted by this
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
PAGE 3
facility
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 map
A The applicant shall address the requirements of the Brighton Fire Rescue District, as stated in
the referral response dated 10/29/2018 Written evidence of such shall be submitted to the
Weld County Department of Planning Services (Brighton Fire Rescue District)
B 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 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)
D The applicant shall submit an updated Communication Plan for review and approval by the
Department of Planning Services The Communication Plan shall be amended to address
contact information and a process for surrounding residents to contact the operator with
questions or concerns (Department of Planning Services)
E The applicant shall submit a Lighting Plan incorporating the dark sky policy for review and
approval by the Department of Planning Services (Department of Planning Services)
F The applicant shall develop an updated Noise Mitigation Plan for review and acceptance by the
Department of Planning Services The plan shall outline proposed design measures of the
facility to address noise and provide noise modeling data (Department of Planning Services)
G The applicant shall submit a Screening/Landscape Plan that screens the site from the
Surrounding Property Owners and the right-of-way (Department of Planning Services)
H The applicant shall submit evidence that the conditions of approval have been met and the
Subdivision Exemption SUBX18-0031 plat has been submitted for recording (Department of
Planning Services)
I The map shall be amended to delineate the following
1 All sheets of the map shall be labeled USR18-0106 (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)
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
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
PAGE 4
Planning Services)
5 The map shall delineate the landscaping and/or screening (Department of Planning
Services)
6 The map shall delineate the on -site facility lighting in accordance with Section 23-3-
250 B 6 of the Weld County Code (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 17 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 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)
9 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)
10 Show and label the approved tracking control on the site plan (Department of Public
Works)
11 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)
12 The applicant shall show and label the accepted drainage features and drainage flow
arrows Stormwater ponds should be labeled as "Stormwater Detention, No -Build or
Storage Area" and shall include the calculated volume (Department of Public Works)
13 Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property (Department of Public Works)
14 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)
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
( pdf) of the plat for preliminary approval to the Weld County Department of Planning Services Upon
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required
as Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The plat shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code The Mylar plat 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 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
RESOLUTION USR18-0106
GARY HOWARD. JOHN & DIANA HOWARD AND D&C FARMS. LLLP, CIO DISCOVERY DJ SERVICES. LLC
PAGE 5
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 mapsco.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)
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 Richard Beck.
VOTE:
For Passage Against Passage
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Absent
Bruce Johnson
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 December 18, 2018.
Dated the 18th of December, 2018
"i12ichtLPti cf W4M-
Michelle Wall
Secretary
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rocky Mountain Midstream, LLCnVilliams
USR18-0106
1 A Site -Specific Development Plan and Use by Special Review Permit, USR18-0106, for Mineral resource
development facilities including Oil and Gas Support and Service (Compressor Station Facility) along with
a 60 -foot Communication Antenna and up to five (5) construction office trailers and ten (10) conex
containers for use during the 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 No full-time employees will be onsite (Department of Planning Services)
4 The visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan (Department of Planning Services)
5 The approved Noise Mitigation Plan shall be maintained (Department of Planning Services)
6 The approved Communications Plan shall be maintained (Department of Planning Services)
7 The approved Lighting Plan shall be maintained in accordance with the Weld County Code (Department
of Planning Services)
8 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)
9 The landscaping/screening on the site shall be maintained (Department of Planning Services)
10 The Property Owner shall maintain compliance with the Decommission Plan and the Communication Plan
(Department of Planning Services)
11 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)
12 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)
13 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)
14 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)
15 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, Section 30-20-100 5, C R S (Department of Public Health and Environment)
RESOLUTION USR18-0106
GARY HOWARD. JOHN & DIANA HOWARD AND D&C FARMS. LLLP. CIO DISCOVERY DJ SERVICES. LLC
PAGE 7
16. 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)
17. 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)
18. 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)
19. 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. (Department of Public Health and Environment)
20. 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)
21. 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)
22. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
23. 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)
24. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial
Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
Residential
25. 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)
26. 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)
27. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
28. 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)
29. 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)
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
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30 The property owner shall control noxious weeds on the site (Department of Public Works)
31 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)
32 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
33 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)
34 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Department of Public Works)
35 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
36 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
37 Sources of light shall be shielded so that light rays 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)
38 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following
have been adopted by Weld County 2012 International Codes, 2006 International Energy Code, and 2017
National Electrical Code A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection (Department of Building Inspection)
39 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
40 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 (Department of Planning Services)
41 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 (Department of Planning Services)
42 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
43 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)
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
PAGE 9
44 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)
45 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
46 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
ii,
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
RESOLUTION USR18-0106
GARY HOWARD, JOHN & DIANA HOWARD AND D&C FARMS, LLLP, C/O DISCOVERY DJ SERVICES, LLC
PAGE 10
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
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 18, 2018
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 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow. Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch.
Absent: Bruce Johnson. Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Angela Snyder. Department of Planning Services: Lauren
Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano, and Mike McRoberts. Public
Works; Frank Haug. County Attorney, and Michelle Wall. Secretary.
Motion: Approve the December 4, 2018 Weld County Planning Commission minutes. Moved by Gene
Stille. Seconded by Elijah Hatch. Motion passed unanimously.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION:
USR 18-0106
GARY HOWARD. JOHN & DIANA HOWARD AND D&C FARMS, LLLP. C/O
DISCOVERY DJ SERVICES. LLC
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION FACILITY)
ALONG WITH A 60 -FOOT COMMUNICATION ANTENNA IN THE A
(AGRICULTURAL) ZONE DISTRICT
SE4 SECTION 29, Ti N. R67W OF THE 6TH P M.. WELD COUNTY. COLORADO.
WEST OF AND ADJACENT TO CR 17 AND NORTH OF AND ADJACENT TO CR
4
Chris Gathman, Planning Services, presented Case USR18-0106, reading the recommendation and
comments into the record. Mr. Gathman stated that the compressor station site will encompass
approximately 10 acres on the property and a subdivision exemption (SUBX18-0031) is being applied for
in conjunction with this application that defines the boundaries of this USR. Three additional letters were
received last week from surrounding property owners who expressed concerns with the project. Some of
the concerns include the choice of a gas compressor rather than an electrical compressor with emissions,
the haul route could be on County Road 6 instead of County Road 2 to minimize traffic going past existing
residents during construction, and instead of commercial noise standards, residents would like the noise
standards to be residential or agriculture. The Department of Planning Services recommends approval of
this application with the attached conditions of approval and development standards.
Commissioner Hatch asked Mr. Gathman if this site is sitting on an existing pipeline Mr. Gathman replied
that there is a USR for a pipeline that is currently being applied for (USR18-0098) that would tie into this
pipeline.
Commissioner Stille asked if the pipeline would be in a floodplain Staff said it was and referred to the
floodplain boundaries on the map.
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.
Matthew Norton, 3601 Stagecoach Road. Suite 202, Longmont, Colorado, said the Broomfield Compressor
Station is located on a ten -acre site. The major equipment is contained to approximately six acres. The
site is south of County Road 6, on the west side of County Road 17. A future possible substation is planned
for the northwest corner of the property. The full build out is planned for eight compressors. Due to air
permit restrictions. if needed, the final two compressors may be driven by electrical motors. Mr. Norton said
they do not have a problem with having a residential noise standard for this location The applicant has
submitted a draft Landscape/screening Plan The proposed landscaping is to be watered by a underground
drip system served by a 500 -gallon tank Mr Norton indicated that the applicant was having discussions
with a property owner to the south re the potential for additional screening to the south and west
Commissioner Hatch asked if the landscaping on the east side was elevated or at ground level Mr Norton
said he believed it is at ground level Because of the way the site is sloped, there was not a reason to do
berming because it would interrupt the natural flow of water down to the detention pond
Commissioner Ford asked how far the nearest resident was from the north Mr Norton replied it was
approximately 2 300 feet away
Commissioner Cope asked if the future substation is included in this USR Mr Gathman explained it would
depend on if the transmission lines were greater than 69 kV coming into the substation Mr Norton said
the transmission lines would be 69 kV Mr Gathman said that a USR is not required for substations served
by transmission lines that are 69 kV or less
Commissioner Stifle asked Mr Norton if they would consider changing from six gas compressors and two
electrical compressors to all electrical compressors Mr Norton said he has not heard of any plans to do
that Commissioner Stifle asked the applicant if they have done a study on the cost comparison between
natural gas versus electrical compressors Mr Norton said for them, the natural gas is much more cost
effective
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Bill Wycoff, 333 County Road 17, Brighton, Colorado submitted an exhibit of handouts for the Planning
Commission Mr Wycoff stated he felt traffic to the site should be coming from County Road 6, the shortest
distance to pavement, rather than County Road 2 County Road 2 has about 13 homes along it and County
Road 6 has one home,
Mr Wycoff stated he felt it would be good if the compressor station construction did not begin until after the
Colorado Department of Health and Environment's approval Mr Wycoff expressed concerns about ozone
problems and pollution issues such as nitric oxides and volatile organic compounds He would like the
compressors to be electrical motor driven Mr Wycoff provided a handout to the Planning Commission
delineating the difference in emissions between electrical and gas driven compressors Mr Wycoff stated
that he had discussed whether these compressors could be served by the substation (approved under
USR18-0109) to the west with a representative from Tn State Tn State indicated that the substation should
have the capacity to provide electricity to this site
Hazel Frank 1596 County Road 15, Brighton, Colorado submitted an exhibit of a handout for the Planning
Commission Ms Frank said that per County Code, Section 22-5-100 A 2 (OG Policy 1 2) states oil and
gas support facilities which do not rely on geology for locations should locate in commercial and industrial
areas when possible She said that obviously this is not happening because this is a very rural and
agricultural area
Ms Frank is very concerned about noise She asked the Planning Commission to recommend
Development Standard 24 be changed to residential noise levels instead of commercial
Ms Frank said she asked Mr Norton to contact another neighbor Mr Seiler to discuss landscaping Ms
Frank stated that she feels all nine homes in Section 29 should be included in the noise mitigation and
communication plan rather than properties that are adjacent to the site
Commissioner Wailes stated he appreciated the neighbors working with the applicant
Mr Norton explained the State has a construction permitting process He said it usually takes about 4 — 5
months from application submittal The construction application for this facility has been submitted Mr
Norton said in addition to that, there is a general permit with the State specific to natural gas engines Mr
Norton indicated that they have installed electrical compressors at larger compressor facilities than this one
They install electrical compressors where it makes sense Mr Norton explained it is a business decision
to choose the natural gas compressors at this location
Mr Norton said that all the compressor engines must meet emission requirements and are tested annually
to meet both State and Federal regulations
Mr Norton said he didn't have any issues with Development Standard 24 being changed to residential
noise standards
Mr Norton stated that there is not a problem to revise the stakeholder definition to include any of the
neighbors who want to be included in the communication plan
Commissioner Cope asked if the applicant would consider using County Road 6 instead of County Road 2
Mr Norton said he will look into the reasons behind this decision and have that answer at the BOCC
hearing
Motion Amend Development Standard 24 to Residential noise levels Moved by Tom Cope, Seconded
by Elijah Hatch Motion carried 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 USR18-0106 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 Bruce Sparrow, Seconded by Richard Beck
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Bruce Sparrow, Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope
Meeting adjourned at 4 16 pm
Respectfully submitted,
-4rka,eeli, 0,° u„tr�te..
Michelle Wall
Secretary
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