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HomeMy WebLinkAbout20180741.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille, that the following resolution oe 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: USR17-0070 GEORGE SACK, 0/0 DISCOVERY DJ SERVICES, LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE INCLUDING OIL AND GAS PROCESSING FACILITIES (FOUR (4) GAS COMPRESSORS) AND RELATED EQUIPMENT IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT A, RECX17-0205 BEING PART SW4 SECTION 21, T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. APPROXIMATELY 0.5 MILES NORTH OF CR 6 AND EAST OF AND ADJACENT TO CR 29. 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." Discovery DJ Services, LLC is in a business that is in the midstream segment of the natural gas industry. As part of its business, Discovery gathers natural gas from wellheads, performs gas processing, and transmits final products to customers via pipelines. The DJ Basin area has seen rapid expansion as new drilling technologies are allowing more oil and gas to be produced. Asa result, gas gathering and processing capacity needs to be expanded to meet the growing production. To meets these needs, Discovery is proposing, the Fort Lupton compressor station necessitated by the need to move larger volumes of gas due to the increases in drilling activity and projected additional production increases anticipated by producers. Further, this need is based on latest technology for uncovering natural gas discoveries and the ability of the DJ Basin to expand based on these updated technologies. The proposed compressor will be sited on private property owned by Discovery DJ Services, LLC. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and County, and will address and mitigate impacts on the surrounding area due to the construction of this facility. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and Gas Support and Service 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 property is generally flat with a slight slope to the north and east. This land and surrounding lands in each direction are in production agriculture with numerous oil and gas facilities, well heads and tank batteries present in each direction. There are ten (10) property owners on 17 parcels within five hundred feet of this facility, with the nearest residence being to the west of the property line approximately 165 feet and approximately 275 feet to the Compressor station facility, with a second residence being north RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 2 approximately 380 feet from the east property line and 400 feet from the Compressor Facility. Staff has received no letters, one telephone call from an interested neighbor and no electronic mail from interested parties. The telephone call was inquiring about the facility and equipment to be located within the fenced enclosure. To address potential concerns with the neighbors, the applicant is proposing an earthern berm around the facility, planted in native grasses, trees and shrubs. 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 a three-mile referral area of the Town of Lochbuie and Cities of Brighton and Fort Lupton. The Town of Lochbuie returned a referral dated January 18, 2018 indicating no concerns. The City of Brighton did not return a referral response and the City of Fort Lupton returned a referral dated February 5, 2018 requesting 120 -feet of right-of-way for the future County Road 29 right-of-way. The City is also requesting a landscape buffering plan be submitted for review and also a pre -annexation agreement. The applicant indicated that they are not in support of the pre -annexation agreement. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The site is within the County -wide Road Impact Fee Area. Building Permits issued on the lots will be required to adhere to the fee structure of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This proposed facility is located on a 10 -acre recorded exemption parcel for the compressor site. The proposed facility is sited on lands that are designated as "Prime" and "Prime if Irrigated" on the Important Farmlands of Weld County map dated 1979. There is no irrigation water associated with the use or the property, therefore no Prime Land has been taken out of production. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the USR map: A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Department of Public Works) B. The applicant shall complete the conditions of approval and submit RECX17-0168 to the Department of Planning Services for recordation. (Department of Planning Services) C. The applicant shall submit a visual mitigation and screening plan to the Deparment of Planning Services for review and approval. (Department of Planning Services) RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 3 D. The USR map shall be amended to delineate the following: 1. All sheets of the USR map shall be labeled USR17-0070 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. County Road 6 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 on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. County Road 29 has been annexed by the City of Fort Lupton. The applicant shall delineate on the site plan the existing right-of-way and the 120 -foot future right-of-way. All setbacks shall be measured from the edge of right-of-way. (Department of Planning Services) 6. Show the approved Municipality of Fort Lupton access on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 7. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 8. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 9. Show the location and dimension of the facility sign. 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) 10. The lighting shall be shown on the map in accordance with Section 23-3-250.6.6 of the Weld County Code. (Department of Planning Services) 11. Show and label the approved visual mitigation and screening plan on the USR Map. (Department of Planning Services) 2. Prior to Construction A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 3. Prior to Operation A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 4. Upon completion of Conditions of Approval No.1. above the applicant shall submit a Mylar USR map along with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR map and additional requirements shall be submitted within RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 4 one hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the USR map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 -month period. (Department of Planning Services) 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Richard Beck. VOTE: For Passage Bruce Johnson Bruce Sparrow Jordan Jemiola Michael Wailes Terry Cross Tom Cope Gene Stille Lonnie Ford Richard Beck 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 March 6, 2018. Dated the 6th of March, 2018 Kristine Ranslem Secretary RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Discovery DJ Services, LLC Fort Lupton Compressor Station USR17-0070 1. A Site Specific Development Plan and a Special Review Permit, USR17-0070, for Mineral Resource Development Facilities including Oil and Gas Support and Service (Four (4) gas compressorsand related equipment) in the A (Agricultural) Zone District, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. 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) 4. The landscaping/screening on the site shall be maintained. (Department of Planning Services) 5. The property owner shall control noxious weeds on the site. (Department of Public Works) 6. 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) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 9. 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) 10. 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) 11. 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) 12. 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) 13. 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) 14. 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) RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 6 15. 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) 16. 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) 17. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 18. 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) 19. 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) 20. 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) 21. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 22. 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) 23. 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) 24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 25. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) 26. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 27. 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., as amended. (Department of Public Health and Environment) 28. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 29. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 7 30. 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) 31. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 32. The property owner shall be responsible for controlling the noxious weeds on site. (Department of Public Works) 33. This is an unmanned facility. (Department of Planning Services) 34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County- wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Department of Planning) 35. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 36. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 37. 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. 38. 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. 39. 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. 40. 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. 41. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than RESOLUTION USR17-0070 GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC PAGE 8 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. PG Pflnu+es o3/oc.0/rg' EXHIBIT SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 6, 2018 A to a R , 1-00-70 A regular meeting othy-° Weld County Planning Commission was held in the Weld County Administrati Building, Hearing Room, 1150 SD Street, Greeley, Colorado. This meeting was called to order by Ch Terry Cross, at 12:30 pm. �.a in ir, Roll Call. Present: ;Bruce Johnson, Bruce Sparrow, Gene StiIle, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Also Present: Kim Ogle, Chris Gathrnan, and Ryder Reddick, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secietary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0070 GEORGE SACK, CIO DISCOVERY DJ SERVICES, LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE INCLUr 0NG OIL AND GAS PROCESSING FACILITIES (FOUR (4) GAS COMPRESSORS) AND RELATED EQUIPMENT IN THE A (AG is (CULTURAL) ZONE DISTRICT. LOT A, RECX17-0205 BEING PART SW4 SECTION 21, Ti N, R66W OF THE 6TH P.M., WED COUN Y, COLORADO. APPROXIMATELY 0.5 MILES NORTH OF CR 6 AND EAST OF AND ADJACENT TO CR 29. Kim Ogle, Planning Srvices, presented Case JS':17-0070, reading the recommendation Inc comments into the record. Mr. Ogle noted that a phone call was received inquiring about the project. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works, reported on the E- xisting traffic, access to the site and the 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. Cory Jordan, Discovery DJ Services, LLC, 7:159 Walnut Hill, Dallas Texas, stated that Discovery DJ Services is proposing to move the locally produced natural gas to their Fort Lupton Plant for processing and transportation • local and regi•;nal markets. Mr. Jordan provided a brief summary on the safe-3ty procedures of the facility. The facility is located on a 10 -acre site. Matthew Bossier, Kimberly Horn, 4582 South JIster Street, Denver, Colorado provided visual slides of examples diff�are nt views from the site ard the intended landscaping for thse areas. Commissioner Spa rr w noted that the slides show future mature landscaping and asked hw it will block the view for the residents now until it reaches maturity. Mr. Bossier said that they intend to utilize planting stock oer the recommendations from Weld County. He added that over the years, that vegetation will grow to height and part of the immediate impact will be the berms they are proposing as well as native grasses that will grow within the first and second growing seasons. Commissioner Wailes asked what the height is of the tallest structure on site. Mr. Bossier said that they have structures approximately 22 feet in height nd the tallest structures are the two dehycontactor toweps and the process flare tower are 58 and 62 feet high, respectfully. Commissioner Johnson asked what the mitigation plan is in the next five (5) years until the landscaping reaches maturity. Mr. Bossier said that there will be layers of vegetation to fill the gaps visually until the Austrian pines will mature. Mr. Jordan said that they recognize the importance of being both a good neighbor and a responsible operator. Their goal is to meet all state and local regulations while striving to be the best possible neighbor and a positive corporate citizen. Commissioner Johnson asked about a potential noise issue. Mr. Jordan said that the compressors will be inside noise intenuation type buildings that are designed and engineered to absorb the noise. Commissioner Stille asked about the vibrations that come from the compressors. Mr. Jordan said that the compressors are on skids. They had a study done on a previous case and it showed that out to 200 feet there is no vibration. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Alan Vaughn, 139 CR 29, Brighton, Colorado, expressed concerns in his dealings with Discovery DJ Services as they have caused damage to his property when they were putting in a pipeline next to his property. Commissioner Jemiola asked Mr. Vaughn to keep the comments to this case. Commissioner Cope asked where he is located in relation to the compressor station. Mr. Vaughn said he is within 500 feet northeast of the subject site. Mr. Vaughn said that he was told there wouldn't be any screening unless they asked for it; therefore, he is requesting screening of the facility. Brian Willard, 2567 CR 29, Ft. Lupton, said that he lives across the road. He requested screening from his view. He is also concerned with noise and vibration. He said that it seems that it should be annexed into Fort Lupton as both sides of County Road 29 are annexed into Fort Lupton. Mr. Jordan referred to the pre -annexation agreement with Fort Lupton and added that they are waiting for Fort Lupton to present the agreement so they can sign it. Commissioner Sparrow noted that maybe the landscaping should include potentially future homes as this is a growing area. Mr. Jordan said that they will work with the landowners to add any additional landscaping they wish to have. Mr. Jordan noted that they have 100 miles of pipeline installed and 80 miles that are in the permitting processes and added that they only have one landowner (Mr. Vaughn) that is unhappy. He added that they are very serious in how they restore the property and how they treat the landowners and residents. He said that they also take it very serious when allegations are made and are not true. 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 USR17-0070 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 Gene Stille, Seconded by Richard Beck. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Meeting adjourned at 3:36 pm. Respectfully submitted, Lam. `itA4t2A-1, Kristine Ranslem Secretary 2 ATTENDANCE RECORD rLCfl7c .cg...n7 w..Lc ..+. 'd....4 yYJM. ..O...G (1..M •.V...FLVL.r wvaw.....a+. 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