HomeMy WebLinkAbout20183978.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 4, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,Tom Cope.
Absent/Excused: Bruce Sparrow, Skip Holland.
Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light
and Ben Frissell, Department of Health; Evan Pinkham, Mike McRoberts and Hayley Balzano, Public
Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 20, 2018 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Elijah Hatch. Motion passed unanimously.
CASE NUMBER: USR18-0086
APPLICANT: JOSE CASTILLO AND CAROLINA CORONA
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING OF VEHICLES ASSOCIATED
WITH A LANDSCAPING/SNOW REMOVAL BUSINESS ALONG WITH AN
OFFICE FOR PAPERWORK)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 4, BLOCK 46 ARISTOCRAT RANCHETTES 2ND FILING; PART OF THE
SE4 SECTION 26,T2N,R66W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CASLER AVENUE; EAST OF AND ADJACENT
TO HENRY STREET.
Chris Gathman, Planning Services, stated that this application is for a home business and the applicant is
in the process of constructing a single-family residence on the property. However, according to the
applicant the residence will not be completed and ready for a certificate of occupancy until April or May of
2019. A condition of a home business is that the residence has to be on the site and occupied by someone
principally employed with the business.
This application is in response to a zoning violation; however, Staff has not received any phone calls or
correspondence from surrounding property owners in regard to this case. Therefore, Staff is requesting a
continuance of this application to the May 7, 2019 Planning Commission Hearing.
Commissioner Cope asked if the business is still being operated. Mr. Gathman replied yes and added that
in discussions with the zoning compliance officer they recommended continuing it to a date specific hearing
so that it will stay on a timeline.
Carolina Salinas, 15600 Casler Ave, Ft. Lupton,Colorado,stated that they are in the process of constructing
their residence. She apologized for the delay.
The Chair asked if there was anyone in the audience who wished to speak for or against the continuation
of this application. No one wished to speak.
Motion: Continue USR18-0086 to the May 7, 2019 Planning Commission Hearing Moved by Gene Stille,
Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Skip Holland
CASE NUMBER: USR18-0071
APPLICANT: JOHN AND ALICE KUERSTEN
CpmmuNGatIc $ 1
12/12/18 2018-3978
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE,
OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (CONSTRUCTION BUSINESS STORAGE YARD FOR
TRUCKS,TRAILERS, PIPE, MATERIALS AND EQUIPMENT)PROVIDED THAT
THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FILED PRIOR TO
ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RECX15-0156; PART SW4 SECTION 16,T4N, R66W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 29; APPROXIMATELY 0.32 MILES NORTH
OF CR 44.
Michael Hall, Planning Services, presented Case USR18-0071, reading the recommendation and
comments into the record. Mr. Hall noted that five(5)letters of opposition were received outlining concerns
of noise, traffic safety, lowering property values, changing the neighborhood dynamic and incompatibility
with the area. 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 existing traffic, access to the site and drainage conditions for
the site. An Improvements Agreement will be required for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
John Kuersten, 3954 Heatherwood Circle, Johnstown, Colorado, stated that the property is for overflow
parking for their business,such as trucks,trailers and possibly some construction materials. He added that
they are not looking to operate a full-time business from this location. They bought this property to build a
residence and a shop building.
Mr. Kuersten said that they are requesting 20 truck trips per day, however,they do not anticipate that much
traffic.
Commissioner Wailes asked if the future residence will be the applicant's. Mr. Kuersten replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tomm Owens, 21245 CR 29, Platteville, Colorado, said that he is in opposition to this request. He is
concerned with the young children in the area and the increased traffic. If the traffic is increased by 20
trucks per day, it will injure the neighboring houses in terms of property values. Additionally,he is concerned
with what impacts there might be if the property is sold in the future. He is in support of property rights, but
if this permit is approved he would like to see restrictions on the permit. He asked who watches over this
property to make sure that it is operated under the approved permit.
The Chair asked Staff to explain what happens if this property is sold. Mr. Hall said that in rare occasions
there has been a restriction placed on the USR that it is not transferrable to new owners. He added that
based on the given request any future property owner would need to follow the same guidelines of the
approved USR. If there is any change to the business, the property owner would need to submit an
amendment to the permit, with ability for the public to comment.
With regard to monitoring the property, Staff does not initiate complaints and encourages the citizens to
notify Staff of any deviations to the permit.
The Chair asked the applicant to elaborate on the traffic. Mr. Kuersten said that 80 to 90 percent of the
truck traffic will come from the north and there is only one residence there with no young children. He
added that there may be some trucks that will turn left, however, they have instructed them to come from
the north.
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Commissioner Cope asked the applicant if they would be willing to decrease the trucks to 10 trucks per
day. Mr. Kuersten replied that he would be willing to do that. He added that they have made attempts to
build fences and screening berms. He further added that they want to be good neighbors.
Motion: Amend Development Standard 5 to reflect ten (10) vehicle trips per day, Moved by Tom Cope,
Seconded by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0071 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes,Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 7).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Skip Holland
Skip Holland entered the meeting at 1:15 pm.
CASE NUMBER: USR18-0098
APPLICANT: DISCOVERY DJ SERVICES, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL
GAS PIPELINE (24-INCH HIGH PRESSURE NATURAL GAS PIPELINE)IN THE
A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 14, 15, 16, 20, 21, 29 AND 30, ALL
LOCATED IN TIN, R67W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: NORTH OF CR 4, SOUTH OF CR 10, EAST OF CR 13 AND WEST OF CR 23.
Chris Gathman, Planning Services,asked to move this case further in the agenda as there is an item of discussion that
he is addressing with the applicant.
The Chair asked the members of the Planning Commission if they were acceptable to moving this case later in the
agenda. The Planning Commissioners agreed to move this agenda item.
CASE NUMBER: USR18-0103
APPLICANT: DJ SOUTH GATHERING, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 13-INCH PIPELINE,(UP TO 20-INCH CRUDE
OIL PIPELINE) APPROXIMATELY 30 MILES IN LENGTH, UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS
FOR USE DURING CONSTRUCTION OF THE FACILITY IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 5, 6, 7, 8, 15, 16, 17, 22, 26, 27,AND
35,TIN,R64W;SECTIONS 18, 19,30,AND 31,T2N,R64W;SECTIONS 1,2, 12,
AND 13, T2N, R65W; SECTIONS 25 AND 36, T3N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: GENERALLY LOCATED EAST OF CR 45, SOUTH OF CR 30;WEST OF CR 61
AND NORTH OF ADAMS COUNTY/WELL COUNTY LINE.
Kim Ogle, Planning Services, presented Case USR18-0103, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Mr. Ogle noted that Staff is requesting several items to be moved from Prior to Construction to Prior to
Recording the Map and provided a list of those recommended changes. He added that in a previous Board
of County Commissioner hearing the Board gave direction that they would prefer to have the crossing
agreements obtained prior to the recording of the plat.
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Evan Pinkham,Public Works,reported on the roadway classifications, and access and right-of-way permits.
A Road Maintenance Agreement during construction will be required.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Ryder Reddick, Tetra Tech, stated that he is representing ARB Midstream and DJ South Gathering, LLC.
He said that ARB Midstream is proposing a 20-inch crude oil pipeline approximately 30 miles in length. The
pipeline will start at the Bennet Station near 1-70 at the Adams County/Arapahoe County border and travels
north to County Road 30 and County Road 49 at the Magellan Site in Weld County.
Mr. Reddick added that 100% of the easements have been obtained and they have worked with the ditch
companies, Xcel Energy, Tri-State Generation and Transmission and WAPA (Western Area Power
Administration). Additionally, they have worked with the Town of Hudson and received approved permits
with the Town for the right-of-way crossings and the Flood Hazard Development Permits.
Commissioner Holland asked if the Henrylyn Irrigation Company has been contacted. Mr. Reddick replied
that they are currently in negotiations with them regarding the crossing agreement.
Mr. Holland referred to the airstrip and water wells and asked if these issues have been resolved. He also
asked if there is a standard distance from the section line to the centerline of the pipeline as they seem to
be quite a distance from each other. Mr. Reddick said that the pipeline is outside of the right-of-way and
added that it depends on the property owner on where the easement is obtained as well as other
underground utilities and pipelines might be located. Mr. Holland asked Staff if having this distance would
create problems with any future development. Frank Haug, County Attorney, said if the question is if a
private company acquires an easement from a private citizen on their land then whatever happens in the
future is not something that this Board needs to decide. He added that you need to look at if the pipeline
is compatible with the existing land uses. He said if the question is if we should not allow those people to
purchase those easements that is up to the applicant and the private property owner. Mr. Holland asked if
the County has a standard away from that property line that they would like to see those pipelines. Mr.
Haug said that the pipeline is not in the County's right-of-way and it is between the private parties.
Mr. Reddick requested that the Ditch Crossings included as Conditions of Approval 13, 14, and 15 be
consolidated into one development standard as they are all a part of and maintained by the Henrylyn
Irrigation District. Additionally, he requested an update to Condition of Approval 1.B.12 to specify the
County Road as it is listed CR XX. Mr. Reddick requested that Development Standard 8 be consistent with
recent language that the Board of County Commissioners have been using, which states"Any oil and gas
pipeline crossing a maintained or unmaintained County Road right-of-way shall be bored a minimum depth
of the(1)feet, subject to approval or modification by the Department of Public Works based on engineering
and safety standards and existing utilities in the right-of-way".
Commissioner Holland asked if the issues submitted by the Town of Hudson have been addressed. Mr.
Ogle said that the private airstrip is not regulated by the FAA and shouldn't have any impact on underground
pipeline. Additionally, pipelines that are adjacent to water wells or oil and gas wells,the applicant will come
to an agreement. Staff is comfortable that the applicant will mitigate the concerns from the Town of Hudson.
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 referred to the recommended changes by Staff.
Motion: Amend the Resolution to reflect the recommended changes in Staffs Memorandum, Moved by
Gene Stille, Seconded by Bruce Johnson. Motion carried unanimously.
The Chair referred to Condition of Approval 12 and asked Staff for clarification. Mr. Ogle stated that it
should be labeled as CR 22. The Chair stated this can be corrected administratively.
The Chair referred to the requested change to Development Standard 8 and asked Staff for their opinion.
Mr. Pinkham said that the proposed language fits in line with recent language that they have approved for
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the LAP process and added that the language in the Public Works referral is what was ironed out at the
most recent Board of County Commissioner hearing. He added that there is a slight variance and ultimately
the Board of County Commissioners can decide whether they want to allow for that variance. Commissioner
Cope agreed and suggested letting the County Commissioners work this language out. The Planning
Commission agreed to have the applicant present this change to the Board of County Commissioners.
The Chair referred to the request of consolidating Conditions of Approval 1.B.13, 1.B.14 and 1.B.15 as they
are under the control of the Henrylyn Ditch Company. Mr. Ogle stated that he put the ditch crossings in as
a checklist and added that Staff has no concerns as long as all the ditch companies are listed
Motion: Consolidate Conditions of Approval 1.B.13, 1.B.14 and 1.8.15, Moved by Bruce Johnson,
Seconded by Gene Stille. 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.
Commissioner Ford said that in the future if the roads become wider it would require all these pipelines to
be moved and asked if it is at the expense of the County. Mr. Pinkham said that he understands that it is
at the County's expense and added that is why they request to have the most accurate information with the
functional classification maps.
Motion: Forward Case USR18-0103 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 2:04 pm and reconvened the hearing at 2:16 pm.
CASE NUMBER: USR18-0104
APPLICANT: ANNA HILL, CIO OUTRIGGER DJ OPERATING, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT
FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND
GAS SUPPORT AND SERVICE INCLUDING SIX(6)GAS COMPRESSORS AND
RELATED EQUIPMENT, ONE (1) UP TO SEVENTY (70) FEET IN HEIGHT
SECURE COMMUNICATIONS TOWER,AND UP TO FIVE(5)CONSTRUCTION
OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE DURING
THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: SUBX18-0034 BEING PART OF THE SE4SE4 OF SECTION 26,T8N, R61W OF
THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 700 FEET NORTH OF CR 88;WEST OF AND ADJACENT TO
CR 95.
Kim Ogle, Planning Services, presented Case USR18-0104, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. A Road Maintenance Agreement will be required.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Cody Kerrigan, Outrigger DJ Operating, LLC, 1200 17th Street, Denver, Colorado, said that this facility will
be used to compress natural gas from their nearby wells in order to deliver gas at high pressure to the
Outrigger McKenna Plant for processing. After the gas is compressed it will be dehydrated before being
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discharged into the pipeline going to the McKenna Plant. He added that they plan to begin operations in
April 2019.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0104 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 Tom Cope, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes=8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
CASE NUMBER: USR18-0098
APPLICANT: DISCOVERY DJ SERVICES, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL
GAS PIPELINE(24-INCH HIGH PRESSURE NATURAL GAS PIPELINE)IN THE
A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 14, 15, 16, 20, 21, 29 AND 30, ALL
LOCATED IN TIN, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: NORTH OF CR 4,SOUTH OF CR 10, EAST OF CR 13 AND WEST OF CR 23.
Chris Gathman, Planning Services, presented Case USR18-0098, reading the recommendation and
comments into the record. Mr. Gathman noted that there were two(2)maps submitted with the application.
The USR maps shows the pipeline route as outlined in the presentation; however, in the application they
identified a connection down to the proposed Broomfield Compressor Station. 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 roadway classifications, and access and right-of-way
permits. A Road Maintenance Agreement during construction will be required.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Lito White, 3601 Stagecoach Road, Longmont, Colorado, stated that Discovery DJ Services has merged
with KKR and Willams and are now doing business as Rocky Mountain Midstream. Mr.White stated that
this request is for a 24-inch high pressure natural gas pipeline approximately 7 miles in length. The pipeline
will originate at County 4 and County Road 15 and terminating at County Road 8 and County Road 21,
where it enters into their existing system. He said the original map didn't have the extension because they
moved their compressor station to where the end of the line will be.
Commissioner Ford asked if all the easements have been acquired. Mr. White replied that all of the
easements have been acquired.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Hazel Frank, 1596 CR 15, said that this pipeline goes past her house and there are other pipelines that
have been installed near her property. She is concerned with the safety of the all these pipelines in close
proximity to each other.
Mr. White said that often times there are pipeline corridors where there are several company's pipelines
reasonably located together. He added that in this case they have a 34-foot easement and in that
easement, it will only be their pipeline. He further added that they are at a safe distance from any other
pipelines.
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The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0098 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 Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Commissioner Johnson encouraged the Board of County Commissioners to review the Decommissioning
Plan.
CASE NUMBER: USR18-0109
APPLICANT: ELEVATION MIDSTREAM, LLC, C/O TRI-STATE GENERATION &
TRANSMISSION ASSOC., INC:
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY OR
PUBLIC AGENCY (230KV/24.9KV SUBSTATION AND ASSOCIATED 230KV
TRANSMISSION LINE CONNECTION TO THE EXISTING ERIE-SIPRES LINE
ALONG WITH A TEMPORARY STAGING AREA WHICH INCLUDES
CONSTRUCTION TRAILERS, STORAGE CONTAINERS AND OTHER
ASSOCIATED EQUIPMENT TO BE UTILIZED DURING CONSTRUCTION) IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-1306; PART NE4 SECTION 30, T1 N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO CR
15.
Chris Gathman, Planning Services, presented Case USR18-0109, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Selina Koler, Tri-State Generation and Transmission, 1100 West 116th Avenue, Westminster, Colorado,
stated that their member, United Power, received a request from their customer, Elevation Midstream, for
power to their central gathering facility and compressor station. The size of the substation will encumber
three acres out of the total seven acres. The sizing comes down to the voltage that requires a certain
amount of spacing between equipment,which is dictated by the National Electric Safety Code. Additionally,
it is Tri-State's preference to have parcels that are big enough to allow driveway access around the
substation, a detention pond, and areas that allow them to operate and maintain the facilities safely. She
added that they also plan these sites for future build out.
Ms. Koler stated that they combined their community outreach with Elevation Midstream and coordinated
extensively with individual property owners. She provided an explanation on the noise levels and the model
studies performed from the site. Additionally, Ms. Koler provided visual simulations of the substation in
relation to the view from surrounding properties.
Commissioner Johnson asked if the new substations make the humming noise like the old substations. Ms.
Koler said that according to the noise model it is 60 dba around the transformers, but when you get to the
property boundaries the noise is at the allowable level.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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Hazel Frank, 1596 CR 15, said that the applicant has been very responsive to her questions. She said that
there are seven (7)yard lights on their plan and she understood that the site was not going to be lit. She
added that she would like to see the dark sky policy applied to this site. She said that the proposed
substation is huge and doesn't want to see it expanded in the future. She added that she would like to see
a development standard that it would not expand beyond what they have proposed in this USR.
Bill Wycoff, 333 CR 17, expressed opposition of changing agricultural land to industrial activity. He asked
if the dark sky standards would apply to this substation as well. Additionally, he asked what the maximum
amount of power a substation of this size could deliver. Mr.Wycoff hopes that the transformers are looked
at in regard to their noise generation. He asked if possible growth in the area would cause the substation
to grow or expand their capacity.
Ms. Koler said that their lights will only be on in low-light conditions or emergency situations. The lights will
only be on if there was an outage and work needed to be done on the substation.
Ms. Koler clarified that the substation is being built solely for Elevation Midstream facilities; however United
Power could use this in the future to bring distribution out of it. She added that there are no plans for that
right now.
The Chair asked the applicant if things should not go in favor for Elevation Midstream at the Board of County
Commissioner's hearing, what is Tri-State's plans moving forward with this application. Ms. Koler stated
that they would not build this facility if Elevation Midstream is not approved to build their facility. She added
that they would be acceptable if the Planning Commission wanted to add a Condition of Approval stating
that. Mr. Gathman suggested including a Condition of Approval Prior to Recording the Plat that states that
USR18-0061 (Elevation Midstream facility) plat be submitted for recording.
Motion: Add Condition of Approval as suggested by Staff, Moved by Bruce Johnson. Motion died due to
lack of second motion.
Mr.Gathman recommended adding the dark sky standard language which talks about sources of light being
shielded so that light rays do not shine directly onto adjacent properties and incorporate dark sky standards.
Sources of light shall not cause a nuisance or interfere with the use of 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.
Motion: Add Development Standard 26 as stated by Staff, Moved by Tom Cope, Seconded by Bruce
Johnson.
The Chair asked the applicant if they were acceptable to this language. Ms. Koler stated that she is not
familiar with the dark sky standards but added that they will not have a problem meeting those standards
as the lights will be face down and shielded.
Vote: Motion carried by unanimously(summary:Yes= 8).
Mr. Gathman said that the applicant is applying for a Subdivision Exemption for the leasehold area. He
recommended replacing Lot B RE-1306 in the legal description to SUBX18-0039 and then add a Condition
of Approval 1.G to state "SUBX18-0039 plat be submitted for recording to the Department of Planning
Services".
Motion: Amend the Legal Description and add a new Condition of Approval 1.G, as recommended by
Staff, Moved by Bruce Johnson, Seconded by Richard Beck. Motion carried unanimously.
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: Approve USR18-0109 along with the amended Conditions of Approval and Development
Standards, Moved by Skip Holland, Seconded by Elijah Hatch.
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Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair called a recess at 3:51 pm and reconvened the hearing at 3:59 pm.
CASE NUMBER: USR18-0099
APPLICANT: BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O DCP
OPERATING COMPANY, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND
GAS SUPPORT AND SERVICE, NATURAL GAS COMPRESSOR FACILITY,
AND ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE
COMMUNICATIONS TOWER; A TEMPORARY LAYDOWN AND STORAGE
YARD, AND UP TO EIGHT (8) CONSTRUCTION OFFICE TRAILERS AND
SIXTEEN (16) CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B AMRE-2711, PART W2SW4 AND LOT A REC EXEMPT RE-238 PART
S2NW4; ALL IN SECTION 1, T4N, R64W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 59;0.25 MILES NORTH OF CR 48.
Kim Ogle, Planning Services, presented Case USR18-0099, reading the recommendation and comments
into the record. Staff received two (2) letters and one (1) email outlining concerns of noise, lighting, air
quality, development within the floodplain, and compatibility. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Elijah Hatch wished to abstain from this case as he has interest in an adjacent property. The Planning
Commission had no concern with excusing Commissioner Hatch.
Hayley Balzano, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site. A Road Maintenance Agreement will be required.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Patrick Groom, 822 7th Street, Greeley, stated that he represents the applicant, DCP Midstream, LP. He
stated that the application is for a natural gas compressor station to be located in the southeastern corner
of the northern 80-acre parcel. With the 80-acre parcel to the south, this will create a buffer from
surrounding property owners. All of the noise generating equipment will be located within fully insulated
buildings and that should allow DCP to reach a fairly low noise level.
Mr. Groom stated that there is a private lateral owned by the Buderus Family and the Millage Brothers
located in between these 80-acre parcels. There would be a crossing of that lateral by a temporary access
road. DCP is looking at eliminating that access and coming in from north of the lateral. DCP recognizes
that it would need to enter into a crossing agreement with that private lateral owner.
In order to mitigate impacts on surrounding property owners, DCP is proposing a 16-foot decorative
concrete wall. Additionally,there will be a 5-foot berm on the west to provide some further visual mitigation.
It is DCP's intent to return the remaining property into agricultural use.
Mr. Groom said that meeting a 50 dBA standard is going to be a challenge on this location. DCP is
proposing to comply with the 50 dBA noise standard on the southern and western boundaries of the
property; however, DCP is requesting that the noise standard on the northern and eastern boundaries be
55 dBA. He added that there is no residence to the east for approximately one-half mile and if they are
meeting a 55 dBA at that property boundary the effective noise standard will be below the 50 dBA as the
noise levels continue to dissipate as they head east and north.
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Commissioner Stille asked about how they will mitigate vibrations. Mr. Groom said that the two
compressors will be enclosed in noise insulated buildings and will be located as far as away as possible
from structures.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Eric Millage, 22744 CR 59, said he lives three-quarters of a mile south of this proposed site. He said no
one from DCP has contacted him on this site. He said that this will be the second USR on this site as
Bonanza Creek was approved for a mud farm. He said that he is tired of DCP stating that if these laterals
are not recorded then they don't exist. Mr. Millage stated that he is opposed to this case and urged denial
of this case.
Commissioner Ford asked if he owns the lateral. Mr. Millage said that he owns half of the lateral, along
with Ted and Dan Buderus. He added that he also owns the access road.
Commissioner Stille asked if the lateral and road are recorded. Mr. Millage replied that that they are not
recorded but added that it has been there for over 100 years.
Larry Tekler, 23530 CR 59, stated that he is opposed to this project and added that Bonanza Creek put a
bad taste in his mouth and doesn't want this facility here. He expressed concern regarding noise,vibration
and the possibility of the plant expanding or having something else come in. He asked about the emissions
from the plant as there is a temperature inversion there.
Ted Buderus, 3126 Ashton Avenue, Greeley, Colorado, referred to the ditch easement that they own with
the Millage Brothers which runs through this site and they are concerned with protecting their ditch. He
said that after discussions with DCP they acknowledge that they will need to cross their ditch and that DCP
will need to obtain crossing agreements with them. Mr. Buderus said that he noticed some cattle guard
crossings on the plan and added that those are not compatible as they have a culvert to take their irrigation
water across the driveway on County Road 59. He said that he would like to see the ditch easements be
required on these plats.
Commissioner Cope asked how the easement can be shown when the ditch easements are not recorded.
Mr. Buderus said he would just like to have it identified on the plat.
Robert Frank, 1443 41st Avenue, Greeley, Colorado, stated that he owns land adjacent to the site. He
asked what the size of the pipeline is serving this facility and where the production is going to.
Curtis Pankow, 23026 CR 59, stated that he lives south of the project. He said that there is a waste ditch
that runs along the road on the eastern side of this site and if they access this then a culvert needs to be
installed. He added that this site was where Bonanza Creek had the mud farm and it is very difficult to get
grass or anything to grow on the southern portion.
Mr. Groom said that the delivery pipeline is a 24-inch pipeline that delivers gas in this vicinity. He cannot
say what size the discharge pipeline would be but expects it to be a 12-inch pipeline that would discharge
the compressed gas from this site and deliver it to the Bighorn Processing Plant. Commissioner Cope
asked how far away the Bighorn Processing Plant is. Mr. Groom replied that it is approximately nine (8)
miles from this site.
Mr. Groom referred to Mr. Millage's comments and said that there is a significant buffer between the plant
itself and where this lateral is. He added that DCP hopes to avoid this lateral but that may or may not be
possible. If it is not possible, then DCP will have to communicate with the Buderus Family and the Millage
Brothers to address their concerns about crossing the latera. Mr.Groom said that when a ditch owner owns
the prescriptive easement, they don't have a fee interest in that land and don't have a right to grant an
easement or have a right to prevent someone from crossing underneath their easement. However,they do
have a right to prevent interference with their easement and DCP or anyone else crossing underneath an
irrigation lateral has to ensure that they do not interfere with the operation and safety of that ditch. He
added that DCP respects those property rights and will indemnify the ditch owners any damages caused
by DCP and will also address any concerns that they raise.
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It is DCP's intent to reclaim that land to the best extent possible. Mr. Groom said that DCP is not partners
with Bonanza Creek and cannot vouch for what Bonanza Creek may or may not have done on this property,
however, they can say that DCP will endeavor to be a good neighbor.
The Chair referred to the comment regarding emissions with the temperature inversion and how it affects
surrounding properties. Mr. Groom said that there are some emissions associated with these turbines, but
a compressor station generates less emissions than a processing plant and less than an oil and gas well
itself. He added that gas is not being emitted into the air through that compression process, but there are
exhaust fumes discharged as a result of operating turbines. There will be two (2) turbines located at this
site and the emissions from those turbines are governed by the State Department of Public Health through
the APEN notice and DCP will have to comply with the terms of that APEN notice. He added that there are
filters placed on the emissions from those stacks that exit the buildings housing the compressors and they
are designed to mitigate those emissions and allow DCP to comply with the State's air permit regulations.
Commissioner Stille referred to the comment regarding the sludge/mud on the south 80 acres and asked
for an explanation on how anything will be grown. Mr. Groom said that he understands Bonanza Creek
obtained a permit from the COGCC to spread drill cuttings on that property. He understands that operation
was ceased three to five years ago and are in the process of closing that permit with COGCC. He added
that the COGCC regulations limit the contamination of that soil to allow that soil to be reclaimed at some
point in the future. He said that he understands those regulations are designed to allow this land to come
back into production and can't say if it is ready to go back into production tomorrow, but at some point in
the future it would be.
Commissioner Holland asked if the applicant has looked at other potential sites in this vicinity. Mr. Groom
said that this site was attractive to DCP because of its location to that delivery pipeline that he discussed
earlier and although it impacts a number of property owners, it impacts a relatively small number of property
owners compared to some other sites that DCP looked at.
The Chair asked Staff if they had any modifications to the Resolution. Mr. Ogle said that since the access
to the facility is not yet defined, Staff would like to have evidence of an access easement agreement to
cross property, if they are going to cross property other than their own. Mr. Ogle recommended adding a
Condition of Approval 1.D and renumber accordingly.
Motion: Add a new Condition of Approval 1.D to read"The applicant shall provide evidence of an Access
Easement Agreement to cross property, if crossing property other than their own", Moved by Bruce
Johnson, Seconded by Tom Cope. Motion carried unanimously.
The Chair referred to the request made by the applicant regarding the change in the noise standard and
asked for the Planning Commissions thoughts. He reiterated that the applicant is asking for 55 dBA along
the north and east boundaries of the property and to have a 50 dBA on the west and south boundaries of
the property.
Commissioner Beck is in favor of allowing the 55 dBA on the eastern boundary only since the proposed
facility abuts the eastern boundary. Commissioner Cope is not in support of allowing this change because
potentially someone can move in close to this facility and believes that the applicant has the ability to reduce
the noise to that level. The Planning Commission didn't feel it was necessary to change the noise
standards.
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 and will address the noise issue with the Board of County Commissioners.
Motion: Forward Case USR18-0099 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Skip Holland, citing Section 23-2-220.A.3 regarding compatibility with existing
surrounding land uses, Section 23-2-220.A.2 regarding that the proposed use is consistent with the
agricultural zone district, Seconded by Gene Stille.
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Commissioner Holland said that although his sympathies are with the oil and gas industry, he believes this
is a worth-while, consistent agricultural zone that they should attempt to protect and enhance.
Commissioner Beck said that it is unfair to penalize DCP of this land for disruption of this ditch that hasn't
happened yet and whatever may or may not have happened due to the use of the previous landowner.
Commissioner Ford said that they have approved a lot of these compressor stations in similar areas and
doesn't see what is different on this area compared to other areas with more housing close by.
Vote: Motion failed (summary: Yes =2, No= 5,).
Yes: Gene Stille, Skip Holland.
No: Bruce Johnson, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Elijah Hatch.
Commissioner Stille said that he has a lot of reasons to say no and a lot of reasons to say yes, and they
happen to be the same thing. He has a compressor station within about 100 yards of where he lives and
he hears the vibration and noise and sympathizes with Commissioner Holland on the Sections that he cited
and Mr. Stille added Section 23-2-220.A.7 because he believes it has something to do with health and
safety.
Motion: Forward Case USR18-0099 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Tom Cope, Seconded by Richard Beck.
Commissioner Cope said that he believes this is compatible with the area and with the mitigations that the
applicant will do that it is compatible as well as with the future use of the area. He added that this is also
the reason why he felt the noise should be contained to a residential level.
Commissioner Johnson said that he believes these things need to have their easements and accesses in
place and glad that it has been clarified in the Resolution. He said that it is a matter of interpretation or
opinion of those same Sections as they can be spoken in the affirmative.
Vote: Motion passed (summary: Yes= 6, No= 1).
Yes: Bruce Johnson, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
No: Skip Holland.
Absent: Elijah Hatch.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 5:34 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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