HomeMy WebLinkAbout20182407.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 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,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard
Beck.
Absent: Jordan Jemiola, Gene Stille.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and
Tom Parko, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the July 3, 2018 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR18-0047
APPLICANT: TODD MCCORMICK, C/O OAK LEAF SOLAR XXIX, LLC
PLANNER: ANGELA SNYDER
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A SMALL SCALE SOLAR FACILITY (2MW) IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: N2SE4/E2SW4 SECTION 1, T3N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 36, WEST OF AND ADJACENT TO CR 25.
Angela Snyder, Planning Services, presented Case USR18-0047, reading the recommendation and
comments into the record. Ms. Snyder noted that no letters were received from surrounding property
owners; however, Anadarko Petroleum Corporation submitted a letter today stating no concerns. 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 the 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.
Kyle Sundman, Oak Leaf Energy Partners, 2020 Lawrence Street, Denver, Colorado, stated their gratitude
for staff and to the Planning Commission for considering this project. He added that he was available for
any questions.
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 USR18-0047 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Sparrow, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
Commissioner Johnson stated that he is glad to see these types of projects happen.
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2018-2407
CASE NUMBER: USR18-0039
APPLICANT: OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ
SERVICES, 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 (EIGHT (8) GAS COMPRESSORS AND
RELATED EQUIPMENT) AND UP TO FIVE (5) CONSTRUCTION OFFICE
TRAILERS AND FIVE (5) CONEX FOR USE DURING THE CONSTRUCTION OF
THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: SUBX18-0014, BEING A PART OF THE N2 SECTION 12, T3N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 34.5; WEST OF AND ADJCENT TO CR 49.
Kim Ogle, Planning Services, presented Case USR18-0039, 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.
Commissioner Ford commented that there a lot of homes impacted by this and referred to the 15 homes
within 500 feet of this proposed facility. In response to Mr. Ford's inquiry if Staff has received any response
from these residences, Mr. Ogle replied no. Mr. Ford said that he lives close to this facility and said that he
didn't receive a postcard and asked if Staff was sure that postcards were sent. Mr. Ogle replied that
postcards were sent. Mr. Ford referred to the DCP site and said that several responses were submitted.
Mr. Ogle stated that no responses were received for the adjacent DCP site. Mr. Ford said that it seems
strange to him that with all these homes nobody responded.
Evan Pinkham, Public Works, reported on the existing 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.
Matt Norton, Discovery Midstream Partners, 3601 Stagecoach Road, Longmont, Colorado, stated that each
compressor will be enclosed in a noise -insulated building. The facility will be monitored by trained plant
operators 24/7. Mr. Norton said that the buildings will be painted a canyon tan to blend in with the
environment.
Commissioner Ford asked if there was a list of who attended the community meeting. Mr. Norton replied
that he does have record of who attended and was submitted with the application. Mr. Ogle said that there
were four (4) attendees at the community meeting held on February 21, 2018 at the LaSalle Community
Center. Mr. Ford commented that he doesn't think the people in the area realized that there are two
compressor station facilities going in the same spot.
Commissioner Ford asked what the maximum noise level will be. Mr. Norton said that they will comply with
the residential noise limit of 50 decibels.
Commissioner Ford asked when sound levels will be started. Mr. Norton said that they perform a baseline
sound level and it has already been completed from the north, south, east, west corners. He added that
they are required to perform an annual test as well. Mr. Ford asked how it will be determined if the noise
is Discovery or DCP since there are two compressor facilities. Mr. Norton said that the noise experts will
be able to determine that from frequencies of the various equipment.
Commissioner Ford referred to the Ft. Lupton Lighting Plan that was submitted and asked if there is a
lighting plan for this facility. Mr. Norton said that there is a lighting plan for their unmanned facilities that is
more stringent that the Ft. Lupton Lighting Plan as it is an on -demand lighting system. He added that you
would need to physically turn the lights on if work needed to be done at night. Mr. Norton reiterated that
the goal is to perform maintenance during the daytime hours as they do not want to do maintenance at
night.
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Commissioner Ford asked if there will be any berming or landscaping. Mr. Norton said that the facility will
have a 7 -foot fence around it with canyon tan slats in it. He added that they believe the fence with the
proposed berming will provide adequate visual mitigation.
Commissioner Ford asked why they chose this location. Mr. Norton said that typically they site facilities as
they work with the landowner on where they would like the facility to be located on their property. He added
that feedback from other neighbors to the landowner or to them allows them to have conversations of
amending those locations a little bit. He added that ultimately it comes down to where the pipelines are
located for their specific project.
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.
Commissioner Johnson said that there are three compressor station facilities that could have been moved
further away from all these homes. He said that there is a lack of planning by the industry to have
determined a better location for everyone. He appreciated the collective nature of the facilities being
together as there is one larger impact rather than three separate impacts. He said that there needs to be
some way of looking at solving the problem of how to take care of these types of activities.
Motion: Forward Case USR18-0039 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 Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Johnson, Bruce Sparrow, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
No: Lonnie Ford.
CASE NUMBER: USR18-0025
APPLICANT: MANUEL G. RUIZ PRIETO, C/O RUIZ TRUCKING, LLC
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE OR A USE BY SPECIAL REVIEW PERMIT IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (SEMI -TRUCK PARKING FOR A WATER
HAULING BUSINESS AND FUEL STORAGE) PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE -3235; BEING PART SE4 SECTION 14, T4N, R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 44; WEST OF AND ADJACENT TO CR 47.
Michael Hall, Planning Services, presented Case USR18-0025, reading the recommendation and
comments into the record. Mr. Hall noted that two (2) letters were received in opposition to this case. The
letters outline concerns of noise, lighting, dust, diesel odor, road damage, 24 -hour vehicle activity, parking
of employee vehicles, lowering property values 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 the drainage conditions
for the site.
Commissioner Ford said that County Road 47 is a very narrow road and asked if there is adequate space
to pull those trucks into the property. Mr. Pinkham said it is a narrow road; however, it appears to have
enough space. He added that the design criteria require that there is a wide enough driveway as well as a
60 -foot radius on the aprons for the driveway.
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Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado, stated that they are
representing the applicant who is requesting approval to allow for parking of up to seven (7) trucks. She
added that the applicant is living on the property. Ms. Bruxvoort said that trucks will be mainly used for
hauling water for oil and gas support services and added that there may be other hauling as market
conditions allow. Parking may occur on site 24/7 and the primary hours of operation are from 6 am to 6 pm
daily.
Commissioner Cope asked where the employees will park their personal vehicles. Ms. Bruxvoort said that
they will be parked next to the semi -trucks on the improved gravel surfaces. Mr. Cope commented that it
appears it will be pretty tight.
Commissioner Johnson said that in other cases like this it has been a concern from the neighbors with the
trucks being started and idling. He noticed that the driveway is to the north of the closest neighbor but
when the drivers leave they will go by the neighbor. He asked what kind of impact that will be for neighbors.
Ms. Bruxvoort said that the access point is located in the approval area. She said that they are not allowed
an access onto County Road 44, as it is an arterial roadway. She added that if they were to align the access
any closer to County Road 44 she doesn't believe it would meet any of the safety and spacing criteria to
allow the trucks to pull in. It the driveway was to be aligned directly with the property to the east there would
be a bigger potential for glare onto their property.
Commissioner Ford asked how large the employee parking is. Ms. Bruxvoort said that it is up to one or
one and one-half acres. She added that they would have requested additional truck parking; however, this
is what the site can support and found that it is adequate for them to turn around and use the site.
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.
Commissioner Ford said that it seems that they are allowing commercial areas in agricultural too much. He
said that there are very nice homes south and east of this property and it seems that they are moving
commercial areas into agricultural areas too much. He believes it is inconsistent with what people expected
out there.
Commissioner Cross said that with oil and gas exploration there are water trucks needed to support it. Mr.
Ford said he would think that the oil trucks could be located in a commercial area and not a residential area.
Commissioner Johnson said that we have harmed the original agricultural intent and some of these types
of nonagricultural activities do impact the rural residences which are part of the agricultural activity. He
added that he has been concerned with this overall activity.
Motion: Forward Case USR18-0025 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
Commissioner Ford commented that he believes that there is a problem with moving too much commercial
into agricultural areas. However, it seems we are moving that way.
Commissioner Sparrow said that we have also let this area turn into a residential area with more and more
residents. He added that this is another transition for the area.
CASE NUMBER: USR18-0043
APPLICANT: ONEOK, INC.
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PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL; REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH NATURAL GAS PIPELINE APPROXIMATELY 43.3 MILES
IN LENGTH) IN THE A (AGRICULTURAL) ZONE DISTRICT.
THE PROPOSED PIPELINE CROSSES SECTIONS 2, 3, 11, 12, 13, T7N, R56W;
SECTIONS 18, 19, 20 21, 28, 33, 34, T8N, R56W; SECTIONS 1, 12, 13, T8N,
R57W; SECTIONS 6, 7, 8, 9 10, 15, 22, 23, 26, 35, T9N, R57W; SECTIONS 1
AND 2, T9N, R58W; SECTIONS 17, 18, 20, 21, 27, 28, 34, 35, T10N, R58W;
SECTIONS 2, 3, 4, 11, 12, 13, T10N, R59W; SECTIONS 19, 29, 30, 32, 33, 34,
T11N, R59W; SECTIONS 2, 3, 11, 13, 14, 24, T11N, R60W; SECTIONS 20, 21,
27, 28, 34, T12N, R60 OF THE 6TH P.M., WELD COUNTY, COLORADO.
PROPOSED POWER LINE IS BETWEEN THE WYOMING STATE LINE ON THE
NORTH, CR 99 ON THE WEST, THE WELD COUNTY/LOGAN COUNTY LINE
ON THE EAST AND CR 78 ON THE SOUTH.
Mr. Gathman noted that the applicants have been negotiating with some property owners along the northern
stretch of the pipeline route just to the south of the Wyoming State Line. He added that there have been
some discussions of modification of the pipeline route; however, two of the property owners that the pipeline
would cross under the alternative alignment were not part of the original notification list. He said that the
applicant has indicated that they have had some discussions and negotiations with those property owners
but there is no written waiver from them at this time. Frank Haug, County Attorney, said that at this time
the applicant can make a presentation and then notification will need to be made to those property owners
and a written notification waiver from them shall be provided prior to the County Commissioner hearing.
Chris Gathman, Planning Services, presented Case USR18-0043, 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.
Evan Pinkham, Public Works, reported on the crossing of roadways and the requirement for a grading
permit. A Road Maintenance Agreement has been requested for this project.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Michael Gillaspie, Oneok, 700 South Kansas Avenue, Topeka Kansas, stated that Oneok operates 38,000
miles of pipe. He said that this pipeline is a 900 -mile natural gas liquids line starting from eastern Montana
down through Wyoming and northeastern Colorado and terminating in Bushton, Kansas. He added that 43
miles of the pipeline will be located in Weld County.
Mr. Gillaspie said that 93% of the easements have been acquired and added that they will notify the two
(2) landowner prior to the Board of County Commissioner hearing. He added that they have survey
permissions from those two landowners as they were part of the route.
They plan to start construction in the third quarter of this year and finish construction in the beginning of
2019. They will reclaim the pipeline corridor to the landowners' request.
Commissioner Johnson said he is concerned with proper compaction being done when putting soil back.
He added that it is important in the reclamation for it to be done. Mr. Norton said that they will ensure that
compaction is done property and added that they will have the appropriate seed mixes. He added that they
have a separate contractor specifically for remediation to ensure that the land is returned to original
condition.
Commissioner Cope asked if compaction tests are performed on the soils. Mr. Norton replied that they look
at soil composition and comply with what the landowner requests for remediation. Mr. Cope said that to
pass the compaction test you will need to have water.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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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 USR18-0043 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Sparrow, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
The Chair called a recess at 2:06 pm and reconvened the hearing at 2:21 pm.
CASE NUMBER: USR18-0022
APPLICANT: VERDAD RESOURCES, C/O CURETON MIDSTREAM, LLC
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR
STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING,
BUT NOT LIMITED TO FOUR (4) COMPRESSORS, A SLUG CATCHER, A 3 -
PHASE SEPARATOR, A 49 -FOOT TALL DEHYDRATION TOWER, A 30 -FOOT
TALL COMBUSTOR, A MCC BUILDING WITH A 20 -FOOT TALL POLE
MOUNTED COMMUNICATION ANTENNA, A FUEL GAS SKID, 2 CARGO
CONTAINERS, AND 5 TEMPORARY CONSTRUCTION TRAILERS) IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT C RE -3078, BEING PART S2 SECTION 19, T1 N, R64W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 6 AND EAST OF AND ADJACENT TO CR
49.
Diana Aungst, Planning Services, presented Case USR18-0022, reading the recommendation and
comments into the record. Ms. Aungst noted that letters were received from three surrounding landowners
in opposition to this case outlining concerns of property values, noise, safety, fire, aesthetic impact,
environmental impact, impact to ag tourism, impact to traffic and road conditions. 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 the drainage conditions
for the site. A Road Maintenance Agreement will be required for the construction of the site.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Daniel Seaver, Cureton Midstream, 518 17th Street, Denver, Colorado, stated that this application is for a
natural gas compressor station facility. He added that this facility will have four (4) compressors. He said
that the site is located near drilling and production activity. He added that they are not taking any farmland
away as the center pivot is still able to pass over the crops.
Mr. Seaver said that the haul route will be west of the facility to County Road 49 and then north to State
Highway 52.
Nick Holland, Cureton Midstream, 518 17th Street, Denver, Colorado, provided a timeline of the meetings
that they have held with County Staff, Hudson Fire District, Southeast Weld Fire District and neighborhood
meetings. As a result of the April 5th neighborhood meeting, they made enhancements to their proposed
plan. He added that they have provided communications plans via the post office, providing a toll -free
number, maintain a project website and also provide an email platform. These enhancements included
completing a noise mitigation study, provided a letter to the landowners of some similar facilities so that
they could compare what would be built; light from surrounding property owners were minimized, facility
mitigation by using low profile tanks and use equipment specific noise minimizations and conducted a visual
mitigation study.
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Mr. Holland provided visual slides of photo syms of the proposed site from two separate surrounding
locations. He also provided a visual slide of the decibel noise level with their noise mitigation plan at specific
distances from the site.
Anne Johnson, Tetra Tech, 1560 Broadway #1400, Denver, Colorado, provided an overview of uses
allowed by right and uses allowed by special review in the agricultural zone district, including oil and gas
production and oil and gas transit. This application was deemed complete and processed for review and
added that Staff and the referral agencies found that the applicant's design and engineering complies with
the standards of the Zoning Chapter as well as the definition of oil and gas service and support facility. Ms.
Johnson requested a recommendation of approval to the Board of County Commissioners for this project.
Commissioner Ford referred to the lighting plan and asked if the 16 -foot walls block out the lights to the
east. Mr. Holland said that light will be strategically located on site and will be downcast and shielded and
manually controlled. He couldn't answer if the lights are higher than 16 -foot wall as it is currently still being
designed.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Carson Ribble, 24639 CR 6, stated that they live adjacent to the proposed facility. He said that they filed a
formal complaint about this project and do not think that the Use by Special Review Permit should be issued.
He expressed concern of lack of meaningful information from the applicant. He added that they have not
seen an Environmental Impact Study and there are wetlands immediately across the fence line.
Mr. Ribble said that right now the decibel level is 40 dba and 42 dba and they do not believe it will meet the
50 and 55 decibel levels. It is an ag economic area with high dollar homes, the Wildlife Sanctuary, a
greenhouse operation and corn mazes. He said that this will affect their property values and quality of life.
Mr. Ribble said that this is a wildcat operation and inquired why there are different names the application is
listed under. He expressed that an industrial application in a rural area is appropriate. He added that it is
not a good fit for the neighborhood and traffic has increased three -fold. He asked what the traffic counts
were two years ago.
Mr. Pinkham followed up with the traffic counts. He said that County Road 49 was counted at 68 vehicles
per day and 24% trucks in 2013. County Road 8 showed 23 vehicles per day and 17% trucks in 2012.
County Road 49 was counted at 126 vehicles per day and 16% trucks in 2013. County Road 6 west of the
facility had 77 trips per day with 31% trucks in 2015.
Mary Swank, 3581 CR 51, Keenesburg, Colorado, stated that the proposed facility is five (5) miles from the
1-25 industrial area and should be located there. She added that industrial facilities should be kept in
industrial areas and not in a farming and rural home site area.
Robert Paul, 24443 CR 6, stated that he lives the closest to the proposed facility. The applicant did a sound
evaluation test and the first week they did their test there was fracking in the background to the east of the
proposed site. He added that they did another test and there was still fracking going on at different hours
of the day. He said it is not accurate to the readings they have had in the neighborhood. He added that he
checked the noise level on his phone and it showed 32 decibels.
Mr. Paul said that the applicant has proposed three (3) sound walls and he would like to see four (4) walls.
He added that a tower that is 49 feet tall will be an eyesore as there is nothing that tall in the area.
Andrew Druit, Behrens and Associates Environmental Noise Control, 9536 East 1-25 Frontage Road,
Longmont, Colorado stated that he conducted the sound test. He said that there was an ambient study
done for this site. The purpose of the ambient study is to establish what the existing baseline is in the event
that the baselines were in excess of existing code limits. He doesn't believe the fracking activities were
concurrent.
Commissioner Cope asked if they are able to identify what the different contributors of the noises are. Mr.
Druit replied yes and said it is inherently difficult to do given the development of the area and added that
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they monitor noise in several locations. He provided an explanation of how they collect the contributing
noises for the ambient sound level.
Commissioner Johnson asked if the compressors will be electric. Mr. Seaver replied that they will run
natural gas motors in the short term.
Commissioner Cope asked if they will consider a forth wall. Mr. Seaver said that after several meetings
nothing was mentioned about a forth wall, however, they will consider that.
Mr. Seaver said that they didn't get much feedback for landscaping and hope to meet prior to the Board of
County Commissioners to address landscaping. The traffic will increase by two (2) pickups and one (1)
heavy haul truck and doesn't see that as a major increase of traffic.
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 USR18-0022 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
Bruce Sparrow left the hearing at 3:44 pm.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2018-03
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 2 ADMINISTRATION, CHAPTER 8 PUBLIC WORKS, CHAPTER 23
ZONING, CHAPTER 24 SUBDIVISIONS (HISTORIC TOWNSITE), OF THE
WELD COUNTY CODE
Tom Parko, Planning Services, stated that there are over 30 townsites that are unincorporated and plated
and have been in existence for over 100 years in Weld County. Staff has been approached by a builder to
develop the townsite east of Kersey. Therefore, Staff has put some standards together to help develop in
these townsites in the future, regarding access, maintenance of roads, and setbacks for wells and septic
systems.
Michelle Martin, Planning Services, presented Ordinance 2018-03. She added that it has been a combined
effort from multiple departments. Ms. Martin briefly explained the proposed changes. She provided a
handout with an additional change to Section 2-13-40 by including addresses for the issuance of a Weld
County Oil and Gas Location Assessment (WOGLA).
Dawn Anderson, Public Works, said that they are proposing Section 8-6-40 be repealed and reenacted as
Section 8-6-150. She added that signs for any non -county maintained roads would be done upon requests
of the applicant as long as they pay for the signs.
Ms. Martin said that a definition for Historic Townsite was added and they clarified the resubdivision
process.
Lauren Light, Environmental Health, said that the minimum lot sizes with public water and septic were
determined because the math works with the setbacks. She added that certain steps have to be followed
if there are lots smaller than 1 acre or 2.5 acres. She said that they want to see how the setbacks affect
the adjacent lots because the last guy in might have a non -buildable lot.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
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Motion: Forward Ordinance 2018-03 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Tom Cope. Motion
carried unanimously.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2018-05
MICHELLE MARTIN
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS
(PIPELINES), OF THE WELD COUNTY CODE
Tom Parko, Planning Services, provided a background on how these proposed code changes were created.
He said that pipelines have been in the County Code; however, after the Firestone tragedy the County
Commissioners asked them to review the pipeline regulations again. He added that several meetings have
been held with the oil and gas industry and multiple surface owners. He said that the focus of these code
changes is for pipelines dealing with natural gas and petroleum of a certain size. Anything under 12 inches
for natural gas and 13 inches for petroleum are still considered a Use by Right. Anything at or above those
sizes would go through the new process Location Assessment for Pipelines (LAP) and is an administrative
process. Mr. Parko stated that they wanted to give the surrounding property owners more notice and to
provide a beefed-up map of where the alignment is going.
Tom Cope left the hearing at 4:06 pm.
Michelle Martin, Planning Services, presented Ordinance 2018-05. Ms. Martin provided a brief description
of the LAP process and the removal of pipelines for natural gas and petroleum products in the USR section.
Commissioner Johnson stated that he is concerned with properties and the multiple companies wanting to
do pipelines in different locations. He said that we need to deal with planning so that this could be put in
some corridor so minimal properties are impacted.
Mr. Johnson asked why the water is being controlled differently than the natural gas. Mr. Parko said that
they were dealing with municipalities acquiring water in Weld County and taking that out of the County. The
County Commissioners requested some regulations dealing with domestic water and that remains a Use
by Special Review Permit. With regard to pipelines and corridors, Mr. Parko said it is easier to do that in
an isolated area where the oil and gas activity is in one section. However, oil and gas is scattered
throughout the entire County and pipelines are being used to take trucks off the road. He added that it
would be ideal to have a corridor, but it is hard to pinpoint an exact corridor. He further added that there
are provisions in these changes that the company needs to tell them why this is the best location for this
pipeline.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Ordinance 2018-05 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Lonnie Ford.
Motion carried unanimously.
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.
Commissioner Cross stated that today was his last day as a Planning Commissioner and is proud to work
with everyone on the Planning Commission. He commended Staff on their professionalism.
Commissioner Johnson said that there are conflicting interests in the agricultural area. He said that
compressors and miscellaneous types of non-agricultural related businesses are going in the agricultural
zone and added that it needs to be readdressed to where these activities can be done. Mr. Johnson said
that if it is not an ag related activity we need to find a way to massage the code and maybe have a further
setback for that activity. He said oil and gas will be in the agricultural zone because that it where it is in the
County.
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Mr. Parko said that Staff is currently going through the code and added that they are having visioning
sessions with the County Commissioners as they have seen more land use cases clash with the residential
type uses. He said that they are working through this process and it will be brought before the Planning
Commission.
Mr. Parko commended Commissioner Cross for his service to the Planning Commission.
Meeting adjourned at 4:32 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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