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Home My WebLink About20192235.tiffBEFORE 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 USR19-0011 KERR MCGEE GATHERING 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 TEMPORARY LAYDOWN YARD AND UP TO FOUR (4) TEMPORARY OFFICE TRAILERS AND EIGHT (8) TEMPORARY CONEX CONTAINERS PROPOSED TO BE ON SITE DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -1228. PART SE4 SECTION 18, T4N, R67W OF THE 6TH P.M.. WELD COUNTY. COLORADO. NORTH OF AND ADJACENT TO CR 44; WEST OF AND ADJACENT TO CR 15. 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." Kerr-McGee and Anadarko Petroleum operate nearly 5.000 oil and gas wells in the area with the majority being in Weld County. The wells produce natural gas that needs to be routed by a number of pipelines to compressor stations. 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. Section 22-5-100 A (OG. Goal 1) states: "Ensure that the extraction of the oil gas resources conserves the land and minimizes the impact on surrounding land uses." 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 approximately (12.9) acres of the 72 -acre parcel. The application indicates the remainder of the site will remain in production. The facility will be located immediately adjacent to and is proposing to share an access with an existing oil and gas production facility (7 wellheads and 16 tanks). The existing screening, the Development Standards, and the Conditions of Approval (including noise abatement, screening (including a proposed wall for visual and sound mitigation), will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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 in the A (Agricultural) Zone District. RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 2 Section 23-3-10 — Intent, states, in part: '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 adjacent to an existing oil and gas production facility and approximately 0.25 and 0.5 mile from the nearest residences and the Conditions of Approval. and the Development Standards (including requirements for 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. 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 facility is located approximately 1.000 and 2,000 feet to the northwest of the nearest residences. The Stroh Farm subdivision (in the municipal limits of Johnstown is located approximately 1.25 miles to the east. The compressor station facility is proposed to be located north of and adjacent to an existing oil and gas production facility on the same property (7 wellheads and 16 tanks). A total of nine (9) letters of concern/objection have been received from surrounding property owners in regard to this application. Concerns/objections expressed include (but not limited to): • Traffic • Noise • Air Quality (release of emissions during blow downs") • Safety • Health impacts • Location in a valley will result in inversions The materials in the application state that the applicant held a community meeting on July 31, 2018 to introduce and discuss upcoming well applications and the compressor station. The applicant indicated that notice for this meeting was sent to property owners within ' mile of the site. Based on feedback from the community meeting the applicant agreed to share the existing access with PDC energy further to the west and proposed a wall along the southern boundary of the facility. The applicant has indicated that the wall would be 8 -feet high and 5 - inches thick. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, a Noise Abatement Plan, an Improvements Agreement (for road and traffic impacts during construction of the facility) and a Landscaping/Screening Plan. The facility will have to meet noise limits of 55dB during the daytime and 50 dB during nighttime. Upon completion of the facility, the application (traffic narrative) indicates that traffic will be minimal (approximately one (1) vehicle trip per day. The applicant will have to obtain all of the required State permits (including Air Pollution Emission Notices (APENs) for the facility. The Development Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. 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. RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 3 The site is located within the three (3) mile referral area of the Town of Berthoud. Town of Mead, Town of Milliken and Town of Johnstown. The Town of Mead in their referral comments, dated March 6, 2019 indicated that they have no concerns. No referral comments have been received from either the Town of Berthoud or the Town of Milliken. The Town of Johnstown, in their referral comments dated April 25. 2019, requested a more detailed haul route to address various routes and potential impacts to nearby roadways and intersections. The Town indicates that the Johnstown Comprehensive Plan framework plan indicates the area is suited for low density residential neighborhoods. The Town would prefer in a more rural area where significant growth is not anticipated. Should the county should approve the USR. Johnstown requests the following conditions be added: 1) 24 -hour noise levels will be adequately monitored on a bi-weekly/monthly basis for the first six months of testing and operations. and at least quarterly thereafter. with reports available to Weld County. the Town of Johnstown, and the public, upon request. 2) Utilize a permanent air quality monitoring system at the facility. providing continuous feedback and notification in case of anomalous emissions. with reports available to Weld County. the Town of Johnstown, and the public, upon request. 3) Provide an executed Roadway Maintenance Agreement between the applicant and the Town of Johnstown, and obtain all necessary permits.. prior to beginning construction of the facility — for any Town roads that may be impacted by the construction or ongoing maintenance of the facility. A portion of the site (in the northwest corner) is located within the urban growth boundary of Johnstown. The County does not currently have a Cooperative Planning Agreement with the Town of Johnstown. A condition of approval is attached requiring the applicant to address the conditions of the Town of Johnstown. 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. a Special Flood Hazard Area or the Airport Overlay District. 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 72 acres delineated as "Prime" if Irrigated and "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The application indicates that the compressor station will be located on approximately 12.9 acres on the property located on the area of the property delineated as Prime". Kerr McGee is the owner of the property and is choosing to allow agricultural operations to remain in place on the remainder of the property. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety, RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 4 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 during construction. Road maintenance includes. but is not limited to. dust control, specified haul routes, road damage repairs and future improvement triggers. (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) The applicant shall submit 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 Lighting Plan for review and approval by the Department of Planning Services. (Department of Planning Services) E. The applicant shall submit a Screening Plan that screens the site from the Surrounding Property Owners and the right-of-way for review and approval. If landscaping is proposed as part of the screening plan, a landscape irrigation and maintenance plan shall be provided. (Department of Planning Services) F. An updated Communications Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) A Decommissioning Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0011 (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 Planning Services) 5. The map shall delineate the landscaping and/or screening. (Department of Planning Services) 6. The map shall delineate the lighting which shall adhere to the Weld County Code. (Department of Planning Services) RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 5 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. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 44 is a gravel 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) 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. This portion of County Road 15 is under the jurisdiction of the Town of Johnstown. Please contact the municipality to verify the right-of-way. Show and label the right-of- way. (Department of Public Works) 12. Show and label the approved tracking control on the site plan. (Department of Public Works) 13. 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) 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 Public Works) 18. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated, private. or deeded to provide adequate access to the parcel. (Department of Public Works) 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) RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 6 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 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. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (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 is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property.. until the Use by Special Review map 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 Lonnie Ford. VOTE: For Passage Bruce Sparrow Tom Cope Lonnie Ford Richard Beck Elijah Hatch Against Passage Absent Michael Wailes Skip Holland Bruce Johnson Gene Stille 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 USR19-0011 KERR MCGEE GATHERING LLC PAGE 7 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 May 21, 2019. Dated the 21st of May. 2019 Kristine Ranslem Secretary RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kerr McGee Gathering. LLC USR19-0011 1. A Site Specific Development Plan and Use by Special Review Permit. USR19-0011. for an Oil and Gas Support and Service Facility (Compressor Station Facility) along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to be on site 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. The hours of operation are 24 -hours a day, 7 -days a week. (Department of Planning Services) 4. Compressors may be powered by natural gas engines. or electric motors. (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 visual mitigation and screening on the site shall be maintained in accordance with the approved screening plan. (Department of Planning Services) 7. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services) 8. The approved Communications Plan shall be maintained. (Department of Planning Services) 9. The approved Lighting Plan shall be maintained. (Department of Planning Services) 10. The property owner shall maintain compliance with the Decommissioning Plan. (Department of Planning Services) 11. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15'h 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) 12. 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) 13. 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) 14. 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) 15. 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) RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 9 16. 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) 17. 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 Health and Environment) 18. 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 existing adjacent residential properties. (Department of Public Health and Environment) 19. 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) 20. 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) 21. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 22. 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) 23. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 24. 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) 25. 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) 26. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 27. 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) 28. 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) 29. 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) RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 10 30. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 31. 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) 32. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 33. 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) 34. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 35. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 36. 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) 37. 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. 38. 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) 39. 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) 40. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur. nor shall any building or electrical permits be issued on the property, until the Use by Special Review map 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) 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) RESOLUTION USR19-0011 KERR MCGEE GATHERING LLC PAGE 11 42. 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. 43. 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. QL i\MA\k\--€3 OsteLt (2f)to‘ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 21. 2019 (,kS'a\ct —c01\ 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. Bruce Johnson. Gene Stille, Tom Cope, Lonnie Ford. Richard Beck, Elijah Hatch. Skip Holland. Also Present: Chris Gathman, Angela Snyder, 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. CASE NUMBER: USR19-0011 APPLICANT: KERR MCGEE GATHERING LLC PLANNER: CHRIS GATHMAN REQUEST: 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 TEMPORARY LAYDOWN YARD AND UP TO FOUR (4) TEMPORARY OFFICE TRAILERS AND EIGHT (8) TEMPORARY CONEX CONTAINERS PROPOSED TO BE ON SITE DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION LOT B REC EXEMPT RE -1228, PART SE4 SECTION 18, T4N, R67W OF THE 6TH P.M.. WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 44. WEST OF AND ADJACENT TO CR 15. Chris Gathman. Planning Services. presented Case USR19-0011, reading the recommendation and comments into the record. Mr. Gathman noted that nine (9) letters of objection were received from surrounding property owners. These concerns included traffic, noise, air quality, release of emissions during blowdowns of the facility, safety, health impacts and also that the location in a valley will result in inversions. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Mike McRoberts, Public Works. reported on the existing traffic. access to the site and drainage conditions for the site. A Road Maintenance Agreement will be required during construction only and requested amending Condition of Approval 1.A to reflect during construction only. Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site dust control, and the Waste Handling Plan. Sam Samet, Anadarko, 1099 18th Street, Denver, Colorado, stated that a compressor station facility is proposed at this site to move gas from that is gathered from their production facilities in the area. This parcel currently contains oil and gas development and existing pipeline infrastructure. Mr. Samet said that a community meeting was held on July 31, 2018 where they sent 1188 invitations. He noted that 23 people were in attendance and two (2) inquiries were received regarding the compressor station facility. As a result from the community meeting. Mr. Samet stated that they have shifted the facility from the original location to the northwest corner of the property because most of the surrounding property owners are located to the south. Additionally, they are proposing a masonry wall on the southern boundary of the facility. He stated that they also reduced the height of the telecommunication tower from 70 to 35 feet and as well as the visual impact of the compressor station by reducing the surface elevation and the fill volume required. He added that the preliminary design required a surface elevation of 4,812.5 feet; however, they were able to save three (3) feet of height through discussions of grading with Weld County Public Works 1 Staff and also reduce fill volume by 48.000 cubic yards. which saves about 4180 vehicles trips to bring in that fill. The compressors will be located in individual compressor buildings and fitted with high specification noise suppression packages. These include hospital grade mufflers and cooler silencers. Lighting on the site will be downcast and shielded. Commissioner Wailes asked if a noise study has been conducted. Mr. Samet said that they are working on getting results the results for a comprehensive noise study; however, they intend to meet the residential noise standards of 55 dba during the day and 50 dba at night. He added that this will be available for the Board of County Commissioner hearing. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Kim Meyer, Director of Planning for the Town of Johnstown, 450 South Parish Avenue, Johnstown, Colorado. stated that they submitted a letter and have spoken with the applicant. She said that they are concerned with noise, visual impacts. haul route and air quality monitoring. (Bruce Johnson left the meeting at 7 pm) Commissioner Wailes asked Ms. Meyer to explain how this area fits into Johnstown's growth plans. Ms. Meyer said it is adjacent to Johnstown and is eligible for annexation. She added that this area has been shown on the growth management map as low -density residential and are expecting residential subdivisions in this area. Commissioner Wailes asked how many homes are located to the east in the Pioneer Ridge Subdivision. Ms. Meyer estimated between 600-800 homes. Mr. Wailes asked about the area to the west and north of this site. Ms. Meyer said that they have received applications for PUDs in this area. Mark Nygren. 417 Settler Way. Johnstown, Colorado, stated that his family owns and farm approximately 500 acres adjacent to the southern border of this site. He requested denial of this application and provided packets of information to accompany each criteria that they feel are applicable. Commissioner Wailes noted that he knows the Nygrens and the Folkers and added that he has no financial involvement in any part of this project. Julie Nygren. 417 Settler Way. Johnstown, Colorado, said that the applicant sent invitations to 1188 citizens, but some of them did not receive the invitations. Ms. Nygren provided explanations on how the applicant has not met the criteria in the Weld County Code. Ms. Nygren argued that this location for a compressor station facility is not compatible with the region. She said that there will probably be some significant road closures of County Road 13 that will probably be rerouted. Ms. Nygren referred to the Weld County Floodplain Map and pictures of the 2013 flood which shows that the adjacent property that had to apply for a Flood Hazard Development Permit. She said that this shows the proposed location not only has the potential risk to flood and did flood. Ms. Nygren expressed concern regarding air quality and provided documentation on temperature inversion impact on air quality. Ms. Nygren provided a list of questions/concerns that they request be included in the Draft Resolution. Some concerns include what safety action plan has been coordinated with the Mountain View Fire District. number of tanks on site, if Colorado Wildlife has assessed this situation. no construction be performed at night. Commissioner Ford referred to the Flood Hazard Map and wished to clarify the location in relation to the compressor station. Ms. Nygren stated that the floodplain is directly north of the facility location. Commissioner Wailes referred to the community meeting and asked to share her concerns on how that was conducted. Ms. Nygren said that she wasn't aware of a community meeting because the Assessor's 2 Office didn't have their correct address. She said that in speaking with others the focus of that meeting was the drilling that was going to happen east of the Pioneer Ridge development. Alex Reider. 21045 CR 15, stated that they would like to request a meeting with Anadarko prior to the Board of County Commissioner's hearing to discuss mitigation of the development standards. He requested that all compressors be electric, noise decibels not to go over 55 dba, sound monitored 24/7/365 and reports made available to the public, communication contact when it exceeds noise level, dark sky lighting standards and on demand lighting systems, 25 foot sound wall around the entire perimeter with landscaping and trees on the south and east sides of property, no traffic on County Road 44. and no traffic parked or pulling into private drives during construction. He said that he is in support of oil and gas but believes there are certain ways to do it. Commissioner Ford noted that blowdowns are not included in the noise standard. Mr. Reider asked how we can include that. Mr. Frissell referred to the Colorado Revised Statute (C.R.S) and read into the record the standard. He said that noise levels permitted may be increased by 10 decibels for a period of not to exceed 15 minutes in any one (1) hour period. He added that this is only during 7 am to 7 pm. The Chair asked Staff to respond how the County responds to a noise complaint. Mr. Frissell said that their office is open from 8 am to 5 pm and they will investigate a complaint and verify the complaint. Teri Folker. 6604 CR 44, stated that she lives directly across from proposed facility. She said that blowdowns are not compatible to the growth proposal for the area and they would like an additional meeting with the applicant to discuss the monitoring of it. Ms. Folker said that they do believe all criteria required has not been fully satisfied by the applicant and most of their concerns aren't able to be addressed because they are beyond the scope of resolution. She requested a recommendation of denial to the Board of County Commissioners. Commissioner Wailes asked if she is associated with the horse arena in the area. Ms. Folker replied yes and added that they are concerned with someone getting bucked off when there is a blowdown. Rodney Rutt, 5477 CR 44, Johnstown, Colorado, lives one mile west of the proposed compressor station and about one mile east of 1-25. He expressed concern of traffic diesel exhaust. noise, lights. increased traffic, and setback distances on pipelines. Russell Sprague. Counsel for Frank and Arlene Wind. stated that a large portion of the application is missing. He added that it simply says if the applicant is given the right to do it then they will do it right and that shouldn't be the case. Mr. Sprague referred to the criteria and asked what the potential plan is for this property. The Winds have had preliminary talks with the City of Johnstown to plat their property and put residences there, as well as a potential school site. Mr. Samet said that when they have a community meeting they rely on the Weld County Assessor's information, so it is important to update their addresses. At the community meeting they have an open house format to facilitate one-on-one conversations with their experts and engineers. He added that there were four posters dedicated to the compressor station with their experts in front of them so they could take questions one-on-one with concerned residents. Mr. Samet said that the proposed facility is located in the northwestern portion of the parcel. There are two existing large size production facilities on site and they are proposing an additional oil and gas use. Other than Weld County Public Works planned routine road closures. there will be no road closures associated with their project. In regard to the facility being in a floodplain. it is obvious that the facility is outside of the floodplain and therefore meet Weld County drainage design criteria and standards. Mr. Samset said that they have reached out to all those who sent letters but were only to make contact with three (3) of them as the other lines were busy. In regard to the Emergency Action Plan. Mr. Samet said that they will be submitting an Emergency Action Plan that meets the standards of the Weld County Office of Emergency Management. 3 Mr. Samet said that this parcel currently has a tenant farmer on the property and that will remain an existing use. He said that they try to have a mix of gas and electric compressors because in the event of a power shutdown they will not have power for their electric compressors. He added that this is a continuous process that needs to operate continuously. Mr. Samet provided a phone number for a response line during the day and night. Blowdowns are a controlled event and take place at planned maintenance of the facility. Mr. Samet said that the facility equipment blowdowns go through the silencer. All personnel on site are required to have a gas monitor on them per OSHA regulations. Mr. Samet stated that anyone living within one-half mile of their facilities can request a gas detector from Anadarko and they will supply that device for free. Commissioner Ford asked if the blowdowns are just during the initial startup of the facility. Robert Last, 1099 18`1 Street, Denver, Colorado, stated that at start-up there is pipe assembled and there is ventral air in the pipe. He added that from a safety perspective that air needs to be cleared out since it has O2 in it. Mr. Ford asked if it is done two to three weeks at a time. Mr. Last said that they perform the purge when they are starting up. Commissioner Beck suggested that business cards be exchanged between the applicants and the neighbors. He encouraged communication to take place prior to the Board of County Commissioner's hearing. Commissioner Wailes asked about pipelines coming in and out of facility. Mr. Last identified on the visual slide of the site plan of the proposed pipelines. He said that they generally try to locate the compressor station close to the gathering to reduce the number of overall compressor stations and the amount of impact. Commissioner Wailes noted that a referral was sent to Colorado Parks and Wildlife, but they had no concerns with this application. Mr. Gathman said that was correct. The Chair referred to Condition of Approval 1.A and asked Staff for their changes. Mr. McRoberts recommended adding "during construction" at the end of the first sentence. Motion: Amend Condition of Approval 1.A, 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 USR19-0011 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 Lonnie Ford. Vote: Motion passed (summary: Yes = 5, No = 2. Abstain = 0). Yes: Bruce Sparrow, Elijah Hatch, Lonnie Ford, Richard Beck. Tom Cope. No: Michael Wailes, Skip Holland. Absent: Bruce Johnson, Gene Stille. Commissioner Wailes said that he feels this application is severely incomplete as they are missing an Emergency Plan. a Noise Study and Mitigation Plan, Landscaping/Screening Plan. and a Decommissioning Plan. He cited Section 23-2-220 and said that he doesn't think the applicant has been able to show compatibility with Item 3 regarding uses compatible with the existing surrounding land uses. He added that this hasn't been stressed enough how close this actually is to residential development and the Town of Johnstown. Mr. Wailes also referred to Item 4 and added that the uses permitted would not be compatible with future development in the area. He added that this area is the growth area that Johnstown is looking to fill in. Additionally, Mr. Wailes said with the items missing in the application he doesn't feel it meets the criteria in Item 7 regarding adequate provision for the protection of health. safety and the welfare of the inhabitants of the neighborhood. 4 Commissioner Holland wished to echo Commissioner Wailes's comments. Meeting adjourned at 8:20 pm. Respectfully submitted, Kristine Ranslem Secretary 5 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip t{�owMAfery ,. Bas (0,4,,2. 2'/ o• fa/PM In' / ;dA 47 issue 1o732, WcR 11 Lan ad RZ74-oY ik-Ai t) ICB79 a-AJ71-rte Sell eAy l; a lc00 r-,4 IcW rt. :et dAor (D /37'>3O -Ivey a9 yaa./S,araie aM 2ef en t pe rioe c . 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