HomeMy WebLinkAbout20181485.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER. USR18-0017
APPLICANT STROH FAMILY TRUST AND OGG & S. LLC. C/O DCP OPERATING COMPANY.
LP
KIM OGLE
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
SUBX18-0002. BEING A PART OF THE N2 SECTION 12. T3N, R65W OF THE
6TH P.M.. WELD COUNTY COLORADO
APPROXIMATELY 525 FEET SOUTH OF CR 36: APPROXIMATELY 1,400 FEET
WEST OF CR 49.
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
be recommended favorably to the Board of County Commissioners for the following reasons:
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-5-100.A. (OG.Goal 1.) states "
Promote the reasonable and orderly exploration and development of oil and gas mineral
resources.
DCP is a business that is in the midstream segment of the natural gas industry. As part of its
business. DCP Midstream, LP gathers natural gas from wellheads. performs gas processing,
and transmits final products to customers via pipelines. In Weld County. DCP operates an
extensive network of gathering pipelines as well as seven gas processing plants. The DJ
Basin area has seen rapid expansion as new drilling technologies are allowing more oil and
gas to be produced. As a result, gas gathering and processing capacity needs to be
expanded in order to meet the growing production. To meets these needs. DCP is proposing
the Milton compressor station. Further, this need is based on new technology for uncovering
natural gas discoveries and the ability of the DJ Basin to expand based on these new
technologies. The proposed compressor will be sited on private property owned by the Stroh
Family Trust and OGG & S. LLC. This proposal has been reviewed by the appropriate referral
agencies and it has been determined that the attached Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of the
health. safety and welfare of the inhabitants of the neighborhood and County. and will
address and mitigate impacts on the surrounding area due to the construction of this facility
Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource
Development. Oil and Gas Support and Service (Natural Gas Compressors) and Section 23-
3-40.K allows one (1) or more microwave. radio. television or other communication
transmission or relay tower over seventy (70) feet in height per Lot as a Use by Special
Review in the A (Agricultural) Zone District.
G Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The property is generally flat with a slight slope to the south. This
land and surrounding lands in each direction are utilized as grazing lands for livestock and
are in native grasses with numerous oil and gas facilities, well heads and tank batteries
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 2
present in each direction There are fifteen (15) property owners on 22 parcels within five
hundred feet of this facility, with the several residences being to the south of the property line
adjacent to County Road 34 5 DCP proposes to construct a radio communications tower up
to 100 feet in height at the Milton Compressor Station site DCP designs and constructs such
towers at each of its facilities to allow for remote monitoring and control of the facilitiesand to
allow for the transmission of a reliable signal According to the application,
Telecommunication Antenna Towers within a 10 -mile radius of the site are not suitable for co -
location Staff has received no letters, telephone calls or electronic mail from interested
parties
D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities The site is not within a three mile referral area of a municipality
E Section 23-2-220 A 5 -- The application complies with Section 23-5 of the Weld County Code
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District The site is within the County -wide Road Impact Fee
Area
Building Permits issued on the lots will be required to adhere to the fee structure of the
County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A 6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use This proposed facility is
located on a 16 05 acre area of a large parcel for the compressor site Ongoing agricultural
production will continue on lands not impacted by this proposed facility The proposed facility
is sited on lands that are designated as "Other Land" on the Important Farmlands of Weld
County map dated 1979
G Section 23-2-220 A 7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
The Planning Commission recommendation for approval is conditional upon the following
1 Prior to recording the USR map
r
A An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location Road maintenance includes, but is not limited to, dust control and damage repair to
specified haul routes The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements The
Agreement shall require the construction of the following capital improvements (Department of
Public Works)
1 Future off -site improvements to be completed
a Design and construct a left deceleration/turn lane on CR 34 5 whenever traffic
exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily
peak hour
b Design and construct a right deceleration/turn lane on CR 34 5 whenever traffic
exceeds 25 VPH turning right into the Property for an average daily peak hour
c Design and construct a right acceleration lane on CR 64 5 whenever traffic exceeds
50 VPH turning right out of the Property for an average daily peak hour
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 3
d Design and construct a left acceleration lane on CR 34 5 whenever such a lane
would be a benefit to the safety and operation of the roadway The County, in its sole
discretion, shall determine if a left acceleration lane is required
B A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required (Department of Public Works)
C The applicant shall complete the Conditions of Approval and submit evidence of recordation for
Subdivision Exemption, SUBX18-0002, to the Department of Planning Services (Department of
Planning Services)
D The applicant shall develop and submit a visual mitigation and screening plan to the Department
of Planning Services for review and approval (Department of Planning Services)
E The applicant shall develop and submit a Noise Mitigation Plan to the Department of Planning
Services for review and approval (Department of Planning Services)
F The applicant shall develop and submit a Communications Plan to the Department of Planning
Services for review and approval (Department of Planning Services)
G The applicant shall develop and submit a Lighting plan in accordance with the Weld County Code
(Department of Planning Services)
H The applicant shall develop and submit a Communications Tower and Facility Decommissioning
Plan to the Department of Planning Services for review and approval (Department of Planning
Services)
I The USR map shall be amended to delineate the following
1 All sheets of the USR map shall be labeled USR18-0017 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The USR map shall be prepared in accordance with Section 23-2-260 D of the Weld County
Code (Department of Planning Services)
4 County Road 34 5 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout The
applicant shall delineate on the site plan the existing right-of-way All setbacks shall be
measured from the edge of right-of-way This road is maintained by Weld County
(Department of Public Works)
5 County Highway 49, (Weld County Road 49) is designated on the Weld County Functional
Classification Map as an arterial road which typically requires 140 feet of right-of-way at full
build out The alignment of the road widening project vanes along the section line for the
corridor Delineate the location of the existing and future right-of-way and easements on the
site plan (Department of Public Works)
6 County Road 36 Section Line is shown to have 60 feet of unmaintained section line right-of-
way per the Weld County GIS right-of-way map The applicant shall delineate the existing
right-of-way on the site plan All setbacks shall be measured from the edge of right-of-way
(Department of Public Works)
7 Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan The applicant must obtain an access permit in the
approved location(s) prior to construction (Department of Public Works)
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 4
8 Show and label the entrance gate if applicable An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet (Department of Public Works)
9 Show and label the section line Right -of -Way as "CR 36 Section Line Right -Of -Way, not
County maintained " (Department of Public Works)
10 Show and label a 30ft minimum access and utility easement to provide legal access to the
parcel on the site plan (Department of Public Works)
11 The applicant shall show and label the accepted drainage features and drainage flow arrows
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area"
and shall include the calculated volume (Department of Public Works)
12 Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Public Works)
2 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Public Works)
3 Prior to Operation
A The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management Submit
evidence of acceptance to the Department of Planning Services (Department of Planning
Services)
4 Upon completion of Conditions of Approval No 1 above the applicant shall submit a Mylar USR map
along with all other documentation required as Conditions of Approval The Mylar USR map shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff The USR map shall be prepared in accordance with the requirements of Section 23-2-260 D of
the Weld County Code The Mylar USR map and additional requirements shall be submitted within
one hundred twenty (120) days from the date of the Board of County Commissioners resolution The
applicant shall be responsible for paying the recording fee (Department of Planning Services)
5 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the USR
map not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners resolution a $50 00 recording continuance charge shall be added for each
additional 3 month period (Department of Planning Services)
6 The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review USR map is ready to be recorded in the office of the Weld County
Clerk and Recorder (Department of Planning Services)
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 5
Motion seconded by Richard Beck
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stdle
Lonnie Ford
Richard Beck
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 1, 2018
Dated the 1st of May, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, 0/O DCP OPERATING COMPANY, LP
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Operating Company, LP
Milton Compressor Station
USR18-0017
1 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) one
hundred foot in height communications tower in the A (Agricultural) Zone District, and subject to the
Development Standards stated hereon (Department of Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code (Department of Planning Services)
3 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code The operator shall maintain signage with current points of contact, including name
and phone number (Department of Planning Services)
4 The visual mitigation and screening on the site shall be maintained in accordance with the approved
Landscape/Screening Plan (Department of Planning Services)
5 The approved Noise Mitigation Plan shall be maintained (Department of Planning Services)
6 The approved Communications Plan shall be maintained (Department of Planning Services)
7 The approved Lighting Plan shall be maintained in accordance with the Weld County Code (Department
of Planning Services)
8 The approved Decommissionng Plan for the facility shall be maintained (Department of Planning
Services)
9 Co -location of other antennas by other service providers shall be allowed (Department of Planning
Services)
10 Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan (Department of Planning Services)
11 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5,
C R S ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination (Department of Public Health and Environment)
12 No permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100 5, C R S (Department of Public Health and Environment)
13 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions The facility shall operate in accordance with Chapter 14,
Article 1 of the Weld County Code (Department of Public Health and Environment)
14 Fugitive dust should attempt to be confined on the property Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations (Department of Public Health and Environment)
15 The applicant shall submit an Air Pollution Emission Notice (A P E N ) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S. LLC. C/O DCP OPERATING COMPANY. LP
PAGE 7
Environment. as applicable. (Department of Public Health and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. (Department of Public Health and Environment)
17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure. on an impervious surface. and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
18. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the
Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
19. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled off for
proper disposal. Records of installation, maintenance. and proper disposal shall be retained.
(Department of Public Health and Environment)
20. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
21 Any contaminated soils on the facility shall be removed. treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local. state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
22.
delineated in 25-12 103 C.R.S. 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. (Department of Public Health and Environment)
23 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE) Water Quality Control Division, if applicable.
(Department of Public Health and Environment)
24. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR. Part 112, shall be available on site or as applicable. (Department of Public Health
and Environment)
25 The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
26. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issues permit. and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
27. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
28. The property owner shall control noxious weeds on the site. (Department of Public Works)
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 8
29 The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking (Department of Public Works)
30 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
31 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement (Department of Public Works)
32 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Public Works)
33 Maintenance of the right-of-way will not be the responsibility of Weld County (Department of Public
Works)
34 The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
35 Weld County is not responsible for the maintenance of onsite drainage related features (Department of
Public Works)
36 Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets No colored lights may be
used which may be confused with, or construed as, traffic control devices (Department of Planning
Services)
37 This is an unmanned facility (Department of Planning Services)
38 No outsode storage is allowed (Department of Planning Services)
39 Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-
wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs (Department of Planning)
40 The facility will operate 24 hours per day 365 days per year (Department of Planning Services)
41 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code
42 Building permits may be required, per Section 29-3-10 of the Weld County Code Currently, the following
have been adopted by Weld County 2012 International Codes, 2006 International Energy Code, and
2017National Electrical Code A Building Permit Application must be completed and two (2) complete sets
of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review A Geotechnical Engineering Report performed by a Colorado registered engineer
shall be required or an Open Hole Inspection (Department of Building Inspection)
43 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
44 The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted Any other changes shall be filed in the office of the Department of Planning
Services
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 9
45 The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners
46 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy, (b) the populous counties of the state
face a critical shortage of such deposits, and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource sites
are fixed to their geographical and geophysical locations Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
47 WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on
rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement,
silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities,
shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers
RESOLUTION USR18-0017
STROH FAMILY TRUST AND OGG & S, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 10
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood
PG (flino+es
O5/O 1 / 18'
SUMMARY 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 Wades,
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.
CASE NUMBER:
APPLICANT.
PLANNER:
REQUEST
LEGAL DESCRIPTION
LOCATION
USR18-0017
STROH FAMILY TRUST AND OGG & S. LLC. C/O DCP OPERATING
COMPANY. LP
KIM OGLE
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
SUBX18-0002 BEING A PART OF THE N2 SECTION 12. T3N. R65W OF THE
6TH P.M.. WELD COUNTY. COLORADO
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
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
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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
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
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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
Meeting adjourned at 3 21 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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