HomeMy WebLinkAbout20181499.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION:
USR18-0018
R 18-0018
NCWYO ASSESTS. 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) 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
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 Northstar compressor
station necessitated by the need to move larger volumes of gas due to the increases in
drilling activity and projected additional production increases anticipated by producers.
Further. this need is based on 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 NCWYO Assets 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 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.
RESOLUTION USR18-0018
NCWYO ASSESTS, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 2
C Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses The property is generally flat with a slight slope to the 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
present in each direction There are seven (7) property owners on 12 parcels within five
hundred feet of this facility, with a residence being to the south of the property 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 In addition, due to safety concerns, DCP
does not co -locate its transmitters on third -party towers Because the transmitters are utilized
to remotely control the compression and processing of natural gas and other hazardous
materials, DCP requires that only DCP personnel be permitted access to its towers and
transmitters to prevent intentional or accidental disruption of communication services Staff
has received one electronic mail from and adjacent property owner to the south with concerns
of proximaity, noise and traffic and one telephone call from an adjacent neighor who had
concerns with overlot drainage moving across the NCWYO Assets LLC, property, topping the
County road and flowing onto his property to the east
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 02 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 "Irrigated Land, Not Prime" 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
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
RESOLUTION USR18-0018
NCWYO ASSESTS, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 3
Public Works)
1 Future off -site improvements to be completed
a Design and construct a left deceleration/turn lane on CR 74 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 74 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 74 whenever traffic exceeds 50
VPH turning right out of the Property for an average daily peak hour
d Design and construct a left acceleration lane on CR 74 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, SUBX18-0001, to the Department of Planning Services (Department of
Planning Services)
D The applicant shall develop a visual mitigation and screening plan for review and approval by the
Department of Planning Services (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
for review and approval (Department of Planning Services)
H The USR map shall be amended to delineate the following
1 All sheets of the USR map shall be labeled USR18-0018 (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 74 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout
The applicant shall delineate on the site plan the existing right-of-way All setbacks shall be
measured from the edge of right-of-way This road is maintained by Weld County
(Department of Public Works)
5 County Road 47 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
6 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 USR18-0018
NCWYO ASSESTS. LLC. C/O DCP OPERATING COMPANY LP
PAGE 4
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)
8. If applicable, 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)
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)
10. 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 The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile ( shp..shx..dbf,, .prj) with a
defined coordinate system (i.e.. NAD 1983 UTM Zone 13N. WGS 1984. NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
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)
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 USR18-0018
NCWYO ASSESTS, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 5
Motion seconded by Michael Wailes
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stile
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
-lS\iekiniii.,o[g.a..
Kristine Ranslem
Secretary
RESOLUTION USR18-0018
NCWYO ASSESTS, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Operating Company, LP
Northstar Compressor Station
USR18-0018
1 The Site Specific Development Plan and a Special Review Permit, USR18-0018, for Mineral Resource
Development, Oil and Gas Support and Service including oil and gas processing facilities and related
equipment, including, but not limited to, 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 The property owner shall control noxious weeds on the site (Department of Public Works)
12 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)
13 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized
(Department of Public Works)
14 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)
15 The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement (Department of Public Works)
16 Maintenance of the right-of-way will not be the responsibility of Weld County (Department of Public
Works)
RESOLUTION USR18-0018
NCWYO ASSESTS. LLC. C/O DCP OPERATING COMPANY, LP
PAGE 7
17. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
19. 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)
20. 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)
21. 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)
22. 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)
23. The applicant shall submit an Air Pollution Emission Notice (A. P. E. N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division. Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
24. 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)
25. 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)
26 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)
27. 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)
28. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
29. 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)
30. in the Residential Zone as
delineated in 25 12 103 C.R.S. The facility shall adhere to the maximum permissible noise levels of 55
RESOLUTION USR18-0018
NCWYO ASSESTS. LLC C/O DCP OPERATING COMPANY LP
PAGE 8
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)
31. 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)
32. 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)
33. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
34. 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.
35. 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)
36. The property owner shall control noxious weeds on the site. (Department of Public Works)
37. 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)
38. The property owner shall be responsible for controlling the noxious weeds on site. (Department of Public
Works)
39. This is an unmanned facility. (Department of Planning Services)
40. No outside storage is allowed. (Department of Planning Services)
41. 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 anc Drainage Impact Fee Programs. (Department of Planning)
42. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services)
43. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
44. 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)
45. 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.
RESOLUTION USR18-0018
NCWYO ASSESTS, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 9
46 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
47 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
48 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
49 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
RESOLUTION USR18-0018
NCWYO ASSESTS, LLC, C/O DCP OPERATING COMPANY, LP
PAGE 10
families to respond to emergencies County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm Services in
rural areas, in many cases, will not be equivalent to municipal services Rural dwellers must, by
necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, terntonal 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
Ft Minutes
OS /ot 8'
EXHIBIT
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
1 s
SR 1-00 I'
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.
CASE NUMBER
APPLICANT
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR18-0018
NCWYO ASSESTS, 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) 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.
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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 Stifle noted that Mr Johnson is his neighbor He agreed that drainage is an issue to the
road and to Mr Johnson's property Mr Stifle 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
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
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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 Stdle, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard
Beck, Terry Cross, Tom Cope
Meeting adjourned at 3 21 pm
Respectfully submitted,
Kristine Ranslem
Secretary
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