HomeMy WebLinkAbout20181468.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 1, 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: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes,
Richard Beck, Terry Cross, Tom Cope.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Lauren Light, Department
of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate, County Attorney, and Kris
Ranslem, Secretary.
Motion: Approve the April 17, 2018 Weld County Planning Commission minutes, Moved by Lonnie Ford,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER: USR18-0017
APPLICANT: STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING
COMPANY, LP
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 (TWO (2 GAS COMPRESSORS ASSOCIATED
WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET) AND ONE (1) 100 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: SUBX18-0002, BEING A PART OF THE N2 SECTION 12, T3N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: APPROXIMATELY 525 FEET SOUTH OF CR 36; APPROXIMATELY 1,400 FEET
'WEST OF CR 49.
Kim Ogle, Planning Services, presented Case USR18-0017, reading the recommendation and comments
into the record. Mr. Ogle noted that no phone calls or correspondence were received regarding this project.
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 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.
Patrick Groom, Witwer, Oldenburg, Barry & Groom, LP, 822 7th Street, Greeley, Colorado, stated that he is
representing the applicants, DCP Midstream. Mr. Groom said that previously DCP sought approval for the
expansion to the O'Connor Natural Gas Processing Plant, permitted under 2MJUSR18-12-1792 and it was
subsequently approved. In conjunction with the expansion of this natural gas processing plant, DCP is
seeking approval for two new compressor stations, one of which is the Milton Compressor Station (USR18-
0017) and a second of which is the Northstar Compressor Station (USR18-0018). The purpose for the
compressor stations is to compress natural gas that is gathered from the well heads.
Mr. Groom said that in the past DCP proposed and the County approved compressor stations with little
mitigation. DCP realizes today that it is not satisfactory both to the homeowners and to the image of Weld
County. He added that there are a number of areas that DCP is addressing with these applications that
will provide benefits to surrounding property owners. One of those is a dark sky policy. In the past the
lights were on 24 hours a day throughout the plant; therefore, DCP is proposing that there be a dark sky
lighting policy which lights would be turned off at night except for one downcast light at the gate. The rest
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of the plan will be on separate circuits and can be turned on by workers to work on the plant or address any
issues that arise during nighttime hours.
DCP is incorporating sound mitigation which will allow DCP to meet a lower sound standard than with
previous compressor stations. This site will include two compressors which will be housed in an insulated,
fully -enclosed building. Additionally, DCP is incorporating quiet fan technology on its coolers which will
further lower the decibel level. Mr. Groom noted that the proposed compressor station will be located on a
vacant parcel and in the middle of the property, therefore there will be a buffer which will also reduce noise
limits.
Mr. Groom provided a brief description of the landscaping that DCP is proposing to place on site.
In the past, DCP has had challenges for surrounding property owners to communicate with DCP.
Therefore, DCP expects that there would be a Communications Plan approved by the County and DCP is
dedicating a telephone line for all of its compressor stations.
Mr. Groom said that with these mitigations in place, DCP can operate its compressor station that will be
compatible with surrounding property uses. In the past, the compressor stations had been permitted with
an industrial noise standard. Mr. Groom said that it presents a burden on surrounding property owners and
DCP recognizes that technology needs to be incorporated to reduce that sound level. DCP believes that it
can meet the daytime residential level at the borders of the lessor's property. Mr. Groom requested that
the daytime residential noise level of 55 dba be adopted in relation to this USR.
In response to Commissioner Ford's inquiry, Mr. Groom stated that the berms on site will be six to seven
feet in height.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ray Nelson, 15950 CR 47.5, stated that he lives south of this site. He wanted to thank DCP for their
considerations of that site and the effect on the neighbors in the area. In the review of the material, he
inquired about dust mitigation and if it will only be during construction and what type of dust suppression
will be used. Additionally, in the USR application the light mitigation plan states that LED lights point
downward at 45 degrees below the horizontal. He asked for further clarification on what that is as he is
concerned with the potential lighting on site. Mr. Nelson also asked what the noise level will be during
nighttime.
Mr. Groom said that one of the development standards requires suppression of fugitive dust after
construction, therefore DCP will adhere to this standard and added that DCP typically uses water to
suppress dust. Originally, DCP was proposing LED downcast light; however, as a result from the comments
received at the open house meetings, DCP changed that to the dark skies lighting plan that is now being
submitted with this application.
Mr. Groom said that whatever noise standard that is adopted by the Commissioners has to be a standard
that is applied 24 hours a day, because for DCP there is no daytime or nighttime as it operates 24/7.
Commissioner Sparrow clarified if DCP is requesting a 55 decibel level. Mr. Groom replied that was correct
and added that DCP is confident that they can meet that standard. He added that this site is farther away
from the property boundaries of the lessor's property and that's where they think sound should be measured
from.
Commissioner Jemiola said that landscaping on site will need to be maintained. He asked for a brief
description of their landscaping proposal. Mr. Groom provided a description of the proposed landscaping
and added that there is a North Weld County Water District tap on site that will also be used to irrigate the
landscaping on site.
In response to Commissioner Wailes, Ms. Light clarified that the way the Statute reads the residential noise
limit is 55 dba during the day and 50 dba in the evening hours and sound readings are taken from the
property boundary which is on this USR.
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Commissioner Jemiola clarified if the sound readings will be taken at the property boundary of the 16 acre
site or at the property boundary of Stroh Farm. Ms. Light said that it will be taken from whatever the legal
description is of the USR. Mr. Groom stated that they are requesting that the sound level be 55 dba 24
hours a day. He added that he believes the County Commissioners can adopt a standard that identifies
where that sound will be measured from.
Commissioner Jemiola said that it is a good work -around to work with the local farmer to place a site like
this within the middle of a farm versus having to purchase the whole site where land will go out of agricultural
production. He added that he feels comfortable with making the noise standard at 55 dba for 24 hours at
the perimeter of the lessor's property boundary. Mr. Ogle stated that the legal description of the property
is the Subdivision Exemption for the 16 acre site.
Bob Choate, County Attorney, stated that when the Planning Commission is at the point where they are
done asking questions of the applicant and ready to discuss and make motions, he can provide suggested
language that will address the request by Mr. Groom.
Commissioner Cope stated that he doesn't have a problem with extending the boundary; however, he feels
that it should remain at the residential noise limit of 55 dba during the day and 50 dba at night.
Commissioner Jemiola requested to hear Mr. Choate's suggested language. Mr. Choate recommended
the following language for Development Standard 22 to read "The facility shall adhere to the maximum
permissible noise levels of 55 decibels, 24 hours per day, as measured from the property boundary of the
larger parcel upon which the subdivision exemption leasehold exists".
Motion: Amend Development Standard 22 as recommended, Moved by Jordan Jemiola, 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. Mr. Groom suggested that with the
amendment that the word "exists" be changed to "on which the subdivision exemption is located". The
applicant replied that they are in agreement with the development standards and conditions of approval.
In response to Commissioner Johnson's inquiry, Mr. Groom clarified that the word "exists" be replaced with
"is located".
Motion: Amend the amended Development Standard 22, to include the language change, Moved by
Jordan Jemiola, Seconded by Bruce Johnson. Motion carried unanimously.
Motion: Forward Case USR18-0017 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 Jordan Jemiola, 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.
Commissioner Sparrow stated that he is in favor of the changes because they are allowing the farmer to
lease part of his ground and still continue to farm the remaining property.
Commissioner Jemiola agreed and added that he likes what DCP has done in this case and said it was
innovative. He added that he likes that a greater buffer is created between the project and surrounding
property owners.
CASE NUMBER: USR18-0018
APPLICANT: NCWYO ASSESTS, LLC, CIO DCP OPERATING COMPANY, LP
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 (TWO (2 GAS COMPRESSORS ASSOCIATED
WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
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LEGAL DESCRIPTION:
LOCATION:
PIPEUNE FOR TRANSPORT TO MARKET) AND ONE (1) ONE HUNDRED
FOOT IN HEIGHT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL)
ZONE DISTRICT.
SUBX18-0001, BEING A PART OF THE NE4 SECTION 2, T6N, R65W OF THE
6TH P.M., WELD COUNTY, COLORADO.
APPROXIMATELY 1,615 FEET SOUTH OF CR 74; APPROXIMATELY 749
FEET WEST OF CR 47.
Kim Ogle, Planning Services, presented Case USR18-0018, 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 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.
Patrick Groom, Witwer, Oldenburg, Barry & Groom, LP, 822 7th Street, Greeley, Colorado, stated that this
site will have two compressors as well and DCP has leased a 16 acre footprint on which the compressor
station will be located.
Mr. Groom stated that Mr. Ferguson's concerns that he submitted in writing are valid; however, he believes
that his concerns regarding traffic will be addressed through the Road Maintenance and Improvements
Agreement.
Mr. Groom stated that DCP is requesting the same noise level as with the Milton Plant. They are confident
that they will meet the 55 dba levels. Additionally, they are proposing berming along the southern boundary
and evergreen screening in the corners.
Additionally, DCP is proposing the dark skies lighting standard with one light at the entrance of the facility.
The remaining facility will be on separate circuits which would allow personnel to turn on lights in a specific
area if maintenance needs to be conducted at night.
There will also be a dedicated telephone number for the compressor stations that property owners can use
to report problems or make complaints, if appropriate, to DCP. He added that DCP is committed to respond
within 24 hours to any complaints raised by property owners.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
John Johnson, owner of Johnson Dairy, 23016 CR 74, Eaton, Colorado, stated that this property has been
neglected the past 2 years and would like to know who the tenant farmer is. He said that drainage is terrible
from this site and added that with a large rain the runoff will come across the road and wash it out. Mr.
Johnson suggested creating a berm across the whole property and fixing the culverts so they can handle
the drainage. He is not against the compressor station but is concerned with the drainage from the site as
it has historically been a problem.
Additionally, Mr. Johnson said that he would love to see some other phone carriers allowed to locate on the
proposed tower as phone reception is terrible. He added that he doesn't have any issues with the noise
but doesn't know how the vibration will affect his cows.
Commissioner Stille noted that Mr. Johnson is his neighbor. He agreed that drainage is an issue to the
road and to Mr. Johnson's property. Mr. Stille strongly encouraged the County Commissioners to address
the drainage issue by adding a culvert or improving the ditch. Commissioner Johnson agreed that drainage
is a big problem.
John Johnson referred to the approval of his dairy permit in 2006 and he was required to maintain dust
control for three-quarters of a mile and he doesn't feel that he should be the only one who mitigates this as
there is a lot of traffic.
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Commissioner Jemiola asked Staff who regulates the culverts. Ms. Balzano said that Public Works Staff
can verify if the culverts meet the conditions of the Access Permit and if they are squashed.
Commissioner Sparrow asked if they are to focus on the 16 acres of the compressor site or if they can
require changes to the entire property. Bob Choate, County Attorney, said that any improvements that
have to be made and shown on the plat can only be related to the 16 acres. He added that through an
Improvements Agreement we can require offsite improvements to the road to the extent that they are made
necessary by the development. If there are use by right oil and gas wells on the remainder of that property,
it would not be addressed through the USR process but rather through the Access Permits.
Mr. Groom said that in terms of the communication tower, in the past DCP has not allowed co -location on
these towers due to safety reasons. Weld County has taken the position that co -location should be required
for all communications towers. DCP has agreed that it will allow co -location provided that any third -party
operator adheres to DCP's safety protocol.
DCP cannot tell the lessor what to do on their property as they simply lease a parcel from the landowner;
however, DCP controls what will happen on their parcel. Pursuant to requirements from Public Works, DCP
is installing that retention pond on site for drainage. He added that DCP will be able to monitor the runoff
to ensure that there aren't any pollutants released downstream. Mr. Groom appreciates Mr. Johnson's
concerns; however, DCP will improve drainage to some degree by controlling the flow from this 16 acre
site.
With regard to vibrations, they are locating their compressors as far away as possible from the dairy. If Mr.
Johnson feels that it is a problem then DCP will have to address it. However, they are confident that it will
not be a problem.
The Chair referred to the Applicant's request for amending the noise standard and asked for the Planning
Commissioners thoughts.
Mr. Choate stated that the new language would read "The facility shall adhere to the maximum permissible
noise levels of 55 decibels, 24 hours per day, as measured from the property boundary of the larger parcel
upon which the subdivision exemption leasehold is located".
Motion: Amend Development Standard 30 as read, Moved by Jordan Jemiola, 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.
Commissioner Johnson referred to Condition of Approval 1.A regarding Improvements Agreements and
encouraged the County Commissioners to review the drainage issue for this location. Mr. Choate stated
that he will work with Public Works on these Improvements Agreements and they will review to see if it is
appropriate to include offsite drainage depending upon the impact of the facility to the road.
Motion: Forward Case USR18-0018 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 Sparrow, Seconded by Michael Wailes.
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.
The Chair called a recess at 2:29 pm and reconvened the hearing at 3:00 pm.
CASE NUMBER: USR18-0002
APPLICANT: JOHNSON FARMS, LLP, CIO KERR MCGEE GATHERING, LLC
PLANNER: CHRIS GATHMAN
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REQUEST:
LEGAL DESCRIPTION:
LOCATION:
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR
STATION FACILITY AND LAYDOWN YARD FOR OIL AND GAS PRODUCTION
AND OIL AND GAS SUPPORT EQUIPMENT) ALONG WITH A 70 -FOOT
COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT.
PART OF THE S2 SECTION 7, T1 N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
WEST OF AND ADJACENT TO CR 15 AND WEST OF AND ADJACENT TO
THE INTERSECTION OF CR 10 AND CR 15.
Chris Gathman, Planning Services, presented Case USR18-0002, reading the recommendation and
comments into the record. Mr. Gathman noted that no phone calls or correspondence were received from
surrounding property owners. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Mr. Gathman noted that applicants have entered into a pre -annexation agreement with the Town of Dacono.
Mr. Gathman said that he would like to request some clarification in the Staff Report in regard to the
screening plan in Condition of Approval 1.F. Additionally, he would like to add a new Condition of Approval
for a Communications Plan to be submitted for review and approval.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and the drainage conditions
of the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Sam Samet, Kerr McGee, 1099 18th Street, Denver, Colorado, provided a visual slide that shows the flow
of their compressor stations and pipelines.
Commissioner Ford asked if the compressors will be housed in an insulated building. Mr. Samet replied
yes. Mr. Ford asked if there will be any berms located on site. John Crooks, Project Engineer, 1099 18th
Street, Denver, Colorado said that there are no proposed berms around these compressors at this time.
Nathan Keiser, Anadarko Petroleum, 1099 18th Street, Denver, Colorado, stated that this is the fifth
compressor station of the exact same design that they have built. He added that this site is identical to the
other facilities they have built so they have been able to conclude that they can operate at the residential
noise standard. He added that they haven't received any complaints regarding vibration or lighting.
Commissioner Cope asked about converting all the compressors to electrical compressors. Mr. Crooks
said that the engine driven compressors are more cost effective.
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 Staff for their requested changes to the Staff Report.
Mr. Gathman suggested amending Condition of Approval 1.F to read "The applicant shall submit a
landscape and screening plan for the proposed laydown yard and compressor station facility. The laydown
yard component shall be completely screened by a solid wood, metal and/or vinyl fence. As an alternative
the facility shall be screened by a combination of a solid fence and vegetation. If vegetation is proposed,
an irrigation and landscape maintenance plan shall be provided. The plan for the entire facility including
the compressor station component shall adhere to the Dacono, Firestone and Fredrick, Uniform Baseline
Standards for all site development plans, pursuant to Chapter 19, Article Ill, of the Weld County Code."
Commissioner Stille suggested only keeping the final sentence and removing the remaining language. Mr.
Gathman said that he would be comfortable with that.
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Motion: Amend Condition of Approval 1.F to read "The plan for the entire facility, including the compressor
station component, shall adhere to the Dacono, Firestone and Frederick Uniform Baseline Standards for all
site development plans, pursuant to Chapter 19, Article Ill, of the Weld County Code", Moved by Gene
Stille, Seconded by Jordan Jemiola. Motion carried unanimously.
Mr. Gathman requested to add a new Condition of Approval 1.J to read "A Communications Plan shall be
submitted for review and approval by the Department of Planning Services".
Motion: Add new Condition of Approval 1.J, as stated by Staff Moved by Tom Cope, Seconded by
Michael Wailes. 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 USR18-0002 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 Jordan Jemiola, Seconded by Tom Cope.
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.
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 3:21 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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