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Home My WebLink About20191734.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: USR19-0004 R 19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY TO INCLUDE A 20 -MILLION STANDARD CUBIC FOOT PER DAY (MMSCFD) TRAIN, A 60-MMSCFD TRAIN, A 200-MMSCFD TRAIN, AND A 60-MMSCFD COMPRESSOR STATION; A 5 -MV SUBSTATION: ONE (1) COMMUNICATION TOWER UP TO 70 -FEET IN HEIGHT; TRANSLOADING AND UP TO 12 TEMPORARY CONSTRUCTION TRAILERS; AND UP TO 6 TEMPORARY (DURING CONSTRUCTION) CONEX CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT (HOOKSIDE GAS PLANT). S2 SECTION 30, T9N, R60W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO CR 99 SECTION LINE; NORTH OF AND ADJACENT TO CR 100. be recommended favorably to the Board of County Commissioners for the following reasons: The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-80.F. [Goal 5. states "Minimize the incompatibilities that occur between industrial uses and surrounding properties " The facility is located on the 316 +/- acre parcel with all equipment fenced and gated. The proposed facility will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are generally large dryland agricultural lots with oil and gas encumbrances. There are two residences located to the west. Krier at 2.5 miles and Mendoza at 2.14 miles from the residence to the west property line of the facility. There are three residences located to the north, Gable Land & Cattle at 0.89 miles, Nelson at 1.6 miles and Rohn at 1.95 miles from their respective residence to the north property line. To the east there are a several residences located in Keota Townsite with the Bashor residence located 3.53 miles to the east property line. No residential structures were identified to the south of the proposed facility. The proposed Development Standards address lighting, screening, noise standards, access and tracking control. The Department of Planning Services has not received any comments from the surrounding property owners or other interested persons regarding the proposed modification. Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses. The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the County. RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 2 The proposed use is in an area that can support this development. The proposed 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. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the Weld County Code, Chapter 23, Article III, Division 1, Section 23-3-40.A.2 provides for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and Service, Natural gas processing facilities, related equipment and structures, including storage yards, Section 23-3-40.A.7 allows for Transloading, and Chapter 23, Article IV, Division 10, Section 23-3-40.L allows for an up to 70 -foot in height Telecommunication Antenna Tower in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The existing site is surrounded by dryland pasture grasses with oil and gas encumbrances. There are limited rural residences in the immediate area. Cureton Front Range, LLC is committed to mitigating potential off -site transient lighting and noise impacts generated by this facility and will through a combination of equipment and engineering measures maintain and comply with the applicable noise standard for the proposed Hookside Gas Plant and Compressor Station Facility. Once the construction is completed, the disturbed area will be replanted with native grasses compliant with the Weld County seed mix requirements. There are four Special Use Permits within two miles of the proposed facility. To the west is USR-13- 0018 for the Sterling Energy Gas Plant; SUP -333 for a 345 kV Transmission Line, and USR-992 and SUP -262 for open pit mining. To the north is the Southern Star/Williams Energy Company FERC permitted pipeline. 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 not located within the three (3) mile referral area of an incorporated municipality or a County. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The site is not in a Floodplain or a Geologic hazard area, the MS4 area or 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, 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 gas plant and compressor station facility will be located on approximately 114 acres of "High Potential Dry Cropland — Prime if they become Irrigated" and approximately 202 acres of "Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no irrigation water associated with the parcel and therefore the property owner will not be taking any prime agricultural land out of production. RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 3 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 USR map: A. An Improvements and 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. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (Department of Public Works) B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) C. The applicant shall develop a Lighting Plan for review and acceptance in accordance with Section 23- 9-40 and Section 23-2-250 of the Weld County Code. (Department of Planning Services) D. The applicant shall develop a Decommissioning Plan for review and acceptance by the Department of Planning Services. (Department of Planning Services) E. The applicant shall develop a sign plan for review and approval in compliance with Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) F. The applicant shall attempt to address the concerns of the Colorado Department of Public Health and Environment as stated in their referral dated February 21, 2019. (Colorado Department of Public Health and Environment) G. Prior to Recording the USR Map, the map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0004 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate 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. County Road 99 Section Line is shown to have right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 99 Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 6. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 4 7. County Road 100 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing and future 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) 8. Show and label the approved tracking control on the site plan. (Department of Public Works) 9. 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) 10. 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) 11. Show and label the drainage flow arrows. (Department of Public Works) 12. Show and label the parking. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Public Works) B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) 5. Prior to the issuance of the Certificate of Occupancy: A. An engineered onsite waste water treatment system and a commercial well will be permitted and constructed for drinking and sanitary purposes at the proposed facility. (Department of Public Health and Environment) 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) RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 5 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 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 Richard Beck. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. 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 April 16, 2019. Dated the 161h of April, 2019 Kristine Ranslem Secretary RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Cureton Front Range LLC Hookside Gas Plant and Compressor Station Facility USR19-0004 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing facility to include a 20 - million standard cubic foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60- MMscfd compressor station; a 5 -MV substation; one (1) communication tower up to 70 -feet in height; Transloading and up to twelve (12) temporary construction trailers; and up to six (6) temporary (during construction) Con ex containers in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 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, seven days a week as stated in the application. (Department of Planning Services) 4. The number of full-time employees at buildout is twenty-three (23), as stated in the application. (Department of Planning Services) 5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6. The applicant shall maintain compliance with the approved Lighting Plan. (Department of Planning Services) 7. The applicant shall maintain compliance with the approved Decommissioning Plan. (Department of Planning Services) 8. 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) 9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 10. The owner of the communication tower shall allow co -location by other telecommunication providers as long as the owners security protocols can be met. (Department of Planning Services) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 7 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 13. 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) 14. 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) 15. 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) 16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, once the facility is a manned facility (i.e., Phase 2 and beyond). 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) 17. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to On -Site Wastewater Treatment Systems. A permanent adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 18. All potentially hazardous chemicals on -site 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) 19. 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 Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 20. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. (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 Commercial 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, as applicable. (Department of Public Health and Environment) RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 8 25. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 26. 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) 27. 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) 28. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 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) 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 Improvements Agreement. (Department of Public Works) 33. The Improvements 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. A building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2018 International Codes; 2006 International Energy Code; 2017 National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 37. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning) 38. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Department of Planning) 39. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 40. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 41. 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) RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 9 42. The 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) 43. 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 Planning Services) 44. 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 persons 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. 45. 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, RESOLUTION US19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC PAGE 10 and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, April 16. 2019 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: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland. Tom Cope. Also Present: Kim Ogle, Michael Hall, Angela Snyder. and Maxwell Nader. Department of Planning Services; Lauren Light and Ben Frissell. Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts. Public Works; Bob Choate. County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT PLANNER. REQUEST: LEGAL DESCRIPTION: LOCATION: U S R 19-0004 GABEL CATTLE LLC, C/O CURETON FRONT RANGE LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES. OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY TO INCLUDE A 20 -MILLION STANDARD CUBIC FOOT PER DAY (MMSCFD) TRAIN, A 60-MMSCFD TRAIN. A 200-MMSCFD TRAIN, AND A 60-MMSCFD COMPRESSOR STATION A 5 -MV SUBSTATION: ONE (1) COMMUNICATION TOWER UP TO 70 -FEET IN HEIGHT; TRANSLOADING AND UP TO 12 TEMPORARY CONSTRUCTION TRAILERS: AND UP TO 6 TEMPORARY (DURING CONSTRUCTION) CONEX CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT (HOOKSIDE GAS PLANT). S2 SECTION 30, T9N, R60W OF THE 6TH P.M., WELD COUNTY, COLORADO. WEST OF AND ADJACENT TO CR 99 SECTION LINE; NORTH OF AND ADJACENT TO CR 100. Kim Ogle. Planning Services, presented Case USR19-0004, reading the recommendation and comments into the record. Mr. Ogle noted that a letter of support from the property owner was received. The facility will be constructed in four (4) phases. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan. Nick Holland. Cureton Midstream. 518 17' Street, Denver. Colorado, stated that the proposed facility is located in a fairly unpopulated area of Weld County. Cureton Midstream will be purchasing the southeast quarter from Gabel Cattle, LLC. The property is currently used for grazing; however, Gabel cattle will still be able to graze the remaining property. The closest residence is one (1) mile from the facility and the resident is an employee of Gabel Cattle. Mr. Holland said that the facility will be built in four (4) phases. Construction is expected to begin upon approval and upon market conditions they will proceed with the additional phases of construction. Mr. Holland noted that a noise impact study was conducted and submitted. Andrew Truitt, Behrens and Associates, 9536 East 1-25 Frontage Road, Longmont, Colorado, provided the current ambient noise to establish the baseline results for the area, which measured approximately 40 dba. He provided the noise modeling report for the receptor locations. According to the noise modeling reports, they do expect the noise to be in compliance with the development standards. 1 Commissioner Cope was surprised at the level of ambient noise and asked how it was so high. Mr. Truitt said that in this case it may have been wind noise. Mr. Holland stated that they take pride in their safety record. They feel that they are in compliance with Section 23-2-220 of the Weld County Code. He added that they will be meeting or will continue to work through the conditions of approval prior to 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. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR19-0004 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 Richard Beck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow. Elijah Hatch, Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Meeting adjourned at 2:56 pm. Respectfully submitted, Kristine Ranslem Secretary 2 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip IR- iRs- Sc.__iii- ✓e au )10$5q Ljcia 44 G,(2[v,wcn&) 6a3 c\pl‘r c. ScbSv x-1531., gy:-Q?_/ c yfiticii /, 'sr wezz y ere dem 5P-edetors d av it -S cUm\ A\oiA� aiaC.3o cA7 _'71 C, -.e elm`, ,;mot-Nek \4. tM5 ,---s( sc.) 17.- S �(41\-4�n, LC t o-6QC- ► iI 4 LACA) g 1 u Res tni,40 WA c21, DM3 5/ (7 5/. /)rjiv4 Co CI;;e4 ev4. tut, ec,JI-kc \ it". L.". 1 5 3(0 E . ;- Zs 4-„eg ('"'K . forJ-/4 ,,to tftkrair -4-1. k>ca e et c . c-ctsl Akkraii- fn.-L.'4r 1ld be-- kart:tail Gt . 12 S 5 ce L . i-^ co tot ? anl%f to t- C.) 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