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Home My WebLink About20180029.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI 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: APPLICANT: PLANNER. REQUEST LEGAL DESCRIPTION. LOCATION. USR 17-0059 DISCOVERY DJ SERVICES, LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES OIL AND GAS SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING FACILITY, TRANSLOADING AND MORE THAN ONE CARGO CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B RECX17-0168 BEING A PART OF THE SE4 & E2SW4 SECTION 11. T1N, R66W OF THE 6' P M . WELD COUNTY. COLORADO NORTH OF AND AJACENT TO CR 10, WEST OF CR 35 SECTION LINE 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. 2. 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 22-2-20. G.2. A. Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development. and should attempt to be compatible with the region" The land that Discovery DJ Services, LLC is proposing to utilize for the gas processing plant is on dryland grasses that is located in a semi -rural area where there is a significant amount of oil and gas activity already occurring. Section 22-5-100. B.OG.Goal 2. states "Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land use." The proposed Discovery Gas Plant II is located within a 138 acre area to the east is the Buffalo Ridge Estates residential development. and there is limited residential development on Recorded Exemption parcels to the west. To the north is B.O.S S. Compost (USR-1 190) and to the south is the Kerr McGee OnShore LP, Duggan Compressor Station (2ndAmUSR-468) and microwave communication towers, to the west is the Fort Lupton Gas Plan I (USR16-0031). Numerous well heads and tank batteries populate the south boundary line of this parcel and all new facilities are operated by Kerr-McGee. LP. New inbound pipelines, (USR-16-0028, USR17-0032) will bring the natural gas to the plant. process the gas and transfer the product to an outbound pipeline to market. While construction of the site will generate some impacts because of the extra activity and trips to the site. once the plant is constructed and fully operational limited truck traffic will be present from the facility B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the Weld County Code. Section 23-3-40 A.2 provides for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development facilities, Oil and Gas Support and Service, Natural Gas Processing Facilities for the processing of natural gas products. and related equipment and structures, metering equipment for the custody transfer of gas. natural gas liquids (NGLs) and condensate; Section 23-3-40.A 7 for Transloading: Section 23-3-40.S for outdoor equipment and RESOLUTION USR17-0059 DISCOVERY DJ SERVICES, LLC PAGE 2 materials storage yard and Section 23-3-30.BB for more than one cargo container in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed gas plant facility and surrounding areas are in dryland grasses and oil and gas encumbrances. As previously stated, the gas plant facility is located within a 138 acre area of land near the Buffalo Ridge Estates residential subdivision. There is an 80 acre parcel of land adjacent to the east property line of the proposed gas plant with the nearest residence being about 1200 feet to the southwest on County Road 10. The Conditions of Approval requiring: 1 A Landscape and Screening Plan to mitigate visual impacts from adjacent property owners to the east: 2. A photo -simulation, cross section or similar graphic to fully illustrate the proposed Landscape and Screening plans: 3 A Lighting Plan for the facility that shall require all lights be turned off during nighttime hours, except for walkways and as required for emergency maintenance. maintenance requiring plant - wide shut down, and as other emergencies demand, 4. A Communication Plan for information dissemination, notice of community meetings with area property owners, and for on-line communication between the area property owners and the Gas plant operator: 5 A Noise Mitigation Plan addressing plant operations including noise associated with the Gas Plant, and the Development Standards and will mitigate concerns with the surrounding land uses. The Department of Planning Services has received 64 (and counting) letters from area residents located predominately to the east of the proposed facility within the Buffalo Ridge Estates subdivision. The primary concerns raised include the industrialization of the adjacent parcel of land, the size of the new facility, the number of pipelines coming into and leaving into the facility, the hours of operation, the number of trucks on area roads, the new view to the west, the lower of property values. issues of noise and dust pollution. safety concerns. and general opposition to any expansion on site 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 located within a three (3) mile referral area of the City of Fort Lupton, City of Brighton, Town of Hudson and Town of Lochbuie and is located within any existing Coordinated Planning Agreement Area (CPA) of the City of Fort Lupton. The City of Fort Lupton returned a referral dated November 1. 2017 stating "The City of Fort Lupton understands that Discovery DJ does not wish to annex this property at this time. However. this location is in [Fort Lupton's] Three Mile Plan and [Fort Lupton] requests that a pre -annexation agreement be completed as a Condition of Approval." The City of Brighton, Town of Hudson and Town of Lochbuie did not respond to the referral Section 23-2-220.A.5 -- The application complies with Chapter 23. Article V, of the Weld County Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee. the County Facility Fee and Drainage Impact Fee Programs. RESOLUTION USR17-0059 DISCOVERY DJ SERVICES LLC PAGE 3 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 The proposed facility is located on approximately 138 acres with the property identified as other lands" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map_ As there is no irrigation water associated with the proposed facility and currently no irrigation located on site, no prime agricultural lands will be taken out of production. G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health. safety, and welfare of the inhabitants of the neighborhood and County. 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 can 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 map: A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) 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 Planning Services -Engineer) C. If applicable, a Drainage Easement for USR16-0031 may be required. (Department of Planning Services -Engineer) D. The property owner shall present a signed Mylar for RECX17-0168 for recording. (Department of Planning Services) E. The map shall be amended to delineate the following: 1 All sheets of the map shall be labeled USR17-0059 (Department of Planning Services) 2 The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4 The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas_ (Department of Planning Services) 5 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C. 23-D and 23-E of the Weld County Code (Department of Planning Services) 6. The Lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 7 Setback radiuses for existing oil and gas tank batteries and wellheads. or plugged and abandoned wellheads. shall be indicated on the USR map per the setback requirements of 23-3- 50 E of the Weld County Code. (Department of Planning Services) RESOLUTION USR17-0059 DISCOVERY DJ SERVICES. LLC PAGE 4 8 All recorded easements and rights -of -way shall be delineated on the USR map by book and page number or reception number. (Department of Planning Services) 9 County Road 35 is a paved road and is designated on the Weld County Road Classification Plan 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) 10 County Road 35 Section Line is shown to have 30 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) 11. Show and label the section line Right -of -Way as "CR 35 Section Line Right of Way, not County maintained" (Department of Public Works) 12. County Road 10 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) 13. Show and label the section line Right -of -Way as "CR 10 Section Line Right -Of -Way, not County maintained." (Department of Public Works) 14. 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) 15. Show and label the approved tracking control on the site plan. (Department of Public Works) 16. Show the approved access(es) on the map and label with the approved access permit number AP17-XXXXX. (Department of Public Works) 17 Show and label the 30 -foot wide joint access and utility easement recorded separately by Reception number associated with RECX17-0168, extending across a parcel not associated with this application from County Road 35. for the benefit of Lot A (Gas Plant I — USR16-0031) and Lot B (Gas Plant II — USR17-0059 shall be shown on the map. (Department of Planning Services) 18. The applicant shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Stormwater Detention. No -Build or Storage Area" and shall include the calculated volume. (Department of Planning Services - Engineer) 19. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Planning Services -Engineer) 2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) paper copies or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar 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) RESOLUTION USR17-0059 DISCOVERY DJ SERVICES. LLC PAGE 5 3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012, should the 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 added for each additional three (3) month period. (Department of Planning Services) 4. 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 mapsco.weld.co.us (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Engineer) B. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) 6. Prior to the issuance of the Certificate of Occupancy' A. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations_ The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and the Environment) B The applicant shall submit written evidence of a commercial well to the Weld County Department of Public Health and Environment_ (Department of Public Health and the Environment) C. The applicant shall attempt to address the requirements of the Fort Lupton Fire Protection District, as stated in the referral response dated November 11, 2017. Written evidence of such shall be submitted to the Weld County Department of Planning Services (Department of Planning Services) 7. Within one month of 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) 8. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Michael Wailes. VOTE For Passage Against Passage Bruce Sparrow Jordan Jemiola Michael Wailes Terry Cross Tom Cope Gene Stille Lonnie Ford Absent Bruce Johnson RESOLUTION USR17-0059 DISCOVERY DJ SERVICES. LLC PAGE 6 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 December 19, 2017. Dated the 19t" of December, 2017 Kristine Ranslem Secretary RESOLUTION USR17-0059 DISCOVERY DJ SERVICES. LLC PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Discovery DJ Services USR17-0059 A Site Specific Development Plan and Special Review Permit, USR17-0059, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Cryogenic Natural Gas Processing Facility, Transloading, and more than one cargo container in the A (Agricultural) Zone District. (Discovery Fort Lupton Gas Plant II). 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. Number of employees is limited 10 persons, as stated by the applicant(s). (Department of Planning Services) 4. The hours of operation are 24 hours a day, seven days a week, as stated by the applicant(s). (Department of Planning Services) 5. 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) 6. 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) 7. 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) 8. 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) 9. 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) 10. 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) 11. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. A permanent. adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 12. All potentially hazardous chemicals on -site 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) 13. 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 RESOLUTION USR17-0059 DISCOVERY DJ SERVICES LLC PAGE 8 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 Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 14. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR. Part 112, shall be available. (Department of Public Health and Environment) 15. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 16. 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) 17. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 18. 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. as applicable. (Department of Public Health and Environment) 19. 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) 20. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and the Environment) 21. 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 the Environment) 22. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 23. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) 24. The property owner shall control noxious weeds on the site. (Department of Public Works) 25. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 26. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 27. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 28. For any hazardous chemical used or stored in the workplace, facilities must maintain safety data sheets [SDS] and submit the SDSs. or a list of chemicals. and the facility's annual inventory, to the State Emergency Response Commission, the Local Emergency Planning Committee and the Fire Protection District on or before March 15th of any given year. (Weld County Office of Emergency Management) 29. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 151h of any given year signed by representatives for the Fire District and RESOLUTION USR17-0059 DISCOVERY DJ SERVICES. LLC PAGE 9 the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 30. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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) 31 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 2014 National 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) 32. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 33. 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. 34. 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 35. 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. 36. 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. RESOLUTION USR17-0059 DISCOVERY DJ SERVICES. LLC PAGE 10 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. 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. �C 'M,; r, at -S 1 �a- n SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, December 19, 2017 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 Sparrow. Gene Stille, Jordan Jemiola. Lonnie Ford. Michael Wailes, Terry Cross, Tom Cope Absent: Bruce Johnson. Also Present Kim Ogle. Department of Planning Services, Hayley Balzano, Department of Planning Services - Engineering Division: Ben Frissell. Department of Health: Evan Pinkham, Public Works: Bob Choate. County Attorney, and Kris Ranslem, Secretary. Motion: Approve the December 5, 2017 Weld County Planning Commission minutes, Moved by Bruce Sparrow. Seconded by Michael Wailes. Motion passed unanimously. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR 17-0059 DISCOVERY DJ SERVICES, LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES OIL AND GAS SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING FACILITY, TRANSLOADING AND MORE THAN ONE CARGO CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT LOT B RECX17-0168 BEING A PART OF THE SE4 & E2SW4 SECTION 11. T1 N, R66W OF THE 6T" P M WELD COUNTY. COLORADO. NORTH OF AND AJACENT TO CR 10. WEST OF CR 35 SECTION LINE Kim Ogle. Planning Services. presented Case USR17-0059. reading the recommendation and comments into the record. Mr. Ogle noted that 61 letters have been received for this application from area residents, predominantly to the east of the site. Primary concerns raised are size of the facility, pipelines coming into and from the facility, view to the west, property values. issues of noise and dust concerns, and general expansion of the site. Mr. Ogle stated that the applications have provided a cross section and photo simulation, lights turned off during night except for emergencies and social media information will be established. The Department of Planning Services, as a condition of approval, are requiring the following documents to be submitted or evidence that the condition has been met_ These documents include: 1. A Landscape and Screening Plan to mitigate visual impacts from adjacent property owners to the east. 2. A photo -simulation. cross section or similar graphic to fully illustrate the proposed Landscape and Screening Plans: 3. A Lighting Plan for the facility that shall require all lights to be turned off during nighttime hours, except for walkways and as required for emergency maintenance. maintenance requiring plant - wide shut down, and as other emergencies demand 4. A Communication Plan for information dissemination, notice of community meetings with area property owners, and for on-line communication between the area property owners and the gas plant operator: 5 A Noise Mitigation Plan addressing plant operations including noise associated with the gas plant, and the development standards and will mitigate concerns with the surrounding land uses. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham. Public Works. reported on the existing traffic and access to the site. EXHIBIT 1 Commissioner Cope asked if the traffic count includes traffic from the Phase I Gas Plant. Mr Pinkham said he wasn't sure but that the applicant can clarify that Hayley Balzano, Engineering. reported on the drainage conditions for the site. Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control. and the Waste Handling Plan. Cory Jordan, Discovery DJ Services, 7859 Walnut Hill. Dallas Texas. stated that Phase I was approved previously and went into service in September. The 40 million a day cryogenic facility is under construction and they hope for it to be in operation mid -January 2018. The request for Phase II is due to demand of customer needs. The 243 acre site was chosen for its proximity because of a third party compressor station south of the facility and a large industrial composting facility on the north side of the facility Additionally. there are some pipelines that run along the subject property that they will connect to He stated that Phase II will be confined to 54 acres. Mr. Jordan said that they have a zero -incident safety record and no notice of violations. He reiterated that safety is a top priority. He explained the procedures of their emergency plan and how the plant will be shut down for any emergency incidents. Andrew Truitt. (Noise Engineer) Behrens and Associates. 9536 East 1-25 Frontage Road. Longmont Colorado. stated that they have been involved on this project for many months and several noise studies have been completed_ They began with an ambient sound level study to establish the existing sounds of the natural area prior to any operations being conducted. They then did a noise modeling study and the purpose of that is to be a predictive model based on the predicted impact on Phase I operations as well as Phase II operations. Then there was an operational sound level study conducted after Phase I was in operation. He provided a timeline and locations of all the sound studies performed and the levels of each site conducted. He noted that the study was done in accordance with the Weld County Noise Standards in Chapter 14, Article 9. Additionally. they used the residential limits for the study based on the property line. daytime limits are 55 dBa and nighttime limits of 50 dBa. He provided a list of the sound levels at each location. He noted that three of the four locations were under the limit: however, location 4, which is located at the southwestern corner of the facility near the existing third party operations, were out of compliance. Mr. Truitt said that they are still conducting ongoing mitigation efforts and investigating any additional mitigation options that can be reviewed. He added that they are conducting studies to access the effectiveness of those mitigation efforts. Commissioner Wailes referred back to February when the noise levels were taken and asked if noise travels when it is colder. He asked if there are any factors to temperature. Mr Truitt said that cold weather will create a heavy. dense layer that will reflect sound and it tends to direct sound downward towards the lower temperature gradient. He said that they look at wind speed and added that anything over 12 mph would not be taken into consideration. Commissioner Cope asked if the Phase I Gas Plant is in full operation today. Cory Kline. Director of Operations. 3601 Stagecoach Road, Longmont. Colorado said that during this timeline Phase 1 was operational; however not every single piece of equipment was operational. He added that approximately two-thirds of the site were operational. Mr. Cope asked if the sound study performed is relatively representative of the site in full operation. Mr. Truitt replied yes. Commission Stille asked if studies from adjacent properties were conducted. Mr. Truitt said that sound will decrease with distance. He said that the purpose of this study would be to assess the strictest compliance point that they would perceive. which is at the eastern property line Therefore, that was the focus of all of these studies. Commissioner Ford referred to the insulation in the buildings to mitigate noise and asked if they took the frequency into account when selecting that insulation. He added that frequency does matter to what people hear. Mr. Truitt said that the nature of the study does not take into account frequency content. He said that the material performance of those buildings were taken into account for the modeling. 2 Mr. Jordan provided an explanation of the proposed lighting on site. Mr. Jordan said that they have worked with the Buffalo Ridge HOA and other neighbors to help control traffic through the neighborhood. He said that a 24/7 security guard will be on site to ensure that no one is going into the neighborhood and to watch the plant. They have had meetings with their contractors and notified them that if they are found driving through neighborhoods they will be terminated. Mr. Jordan said that after Phase I was approved and under operation. they have had multiple follow-up meetings with the neighborhood. Matthew Bossler. Kimley Horn, 4582 South Olster Street, Denver, Colorado, stated that he is a Landscape Architect. They were hired to develop a visual mitigation plan in the form of landscape enhancement. He provided simulation views from several points within the subdivision. He also provided an explanation of the proposed landscape. He added that there are three different types of treatments proposed: 1) high density, 2) medium density. and 3) low density. Depending upon how intense the views are towards taller or less tall structures they are being sensitive to only apply landscape enhancement that is appropriate for interception of views but not completely blocking views of the Rocky Mountains. Commissioner Wailes asked if the renderings shown are showing full maturity of the landscape. Mr. Bossier said that the renderings are showing full maturity: however, they would be installed at 75% maturity. Mr. Wailes asked for length of time of full maturity. Mr. Bossier said that the several of the species selected are on the faster end of growth and the others are in the moderate part of growth. He added that full maturity might be up to 15 years in the future. He added that their landscape enhancements include some immediate impact items, such as berms, shrubs and taller statured native grasses. Commissioner Wailes asked how the landscaping will work with sound mitigation. Mr. Truitt said that the landscaping was not modeled in the sound studies but that he would anticipate that the sound would decrease with the proposed landscaping. Commissioner Sparrow asked what where the water will come from for the landscaping. Mr. Bossier said that at this time they have not yet located the irrigation: however, they understand that there are several available sources of water. Mr. Sparrow indicated that Fox Hill Aquifer will not support the growth of evergreens because there is a lot of sodium in the water. Commissioner Ford asked if there are other tall structures such as power lines. Mr. Bossier said that there is an existing electric transmission line and a communications tower to the left of most of the views. Mr. Jordan concluded the presentation with statistics of the oil and gas industry. Mr. Jordan answered questions on how the cryogenic facility works and separates the liquids from the gas. The Chair called a recess at 2:23 pm and reconvened the hearing at 2:40 pm. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Edward Engle. 4233 Falcon Drive. said that they have had several meetings with Discovery DJ Services regarding safety. Mr. Engle referred to the application and read a statement "Required or recommended responses for Buffalo Ridge Residents is a responsibility of the Local Emergency Planning Commission (LEPC), along with the Fire Department having jurisdiction." He stated that he has talked with the Fire Chief and they told him that the Fire District doesn't do any warning but just responds to an emergency. He asked who the Local Emergency Planning Commission is. Mr. Engle asked if there is a report on the number of accidents at Highway 52 and County Road 35. Mr. Pinkham said he would research that information. Mr. Engle said the noise is not that loud but it is a continual noise and is annoying. The dust is also a continual problem and provided pictures of the dust issues He suggested placing a berm to help with the noise and views. He asked what water they will be using because he understands that they will be using augmentation water and they are not allowed to do that. 3 Dawn Pettinger. 17120 Falcon Drive, Ft. Lupton. Colorado, said that there are too many unanswered questions of what Phase II will look like. The landscaping plan is not available in a 3D model. She said that there is no well water available for irrigation and their current permit doesn't allow for a well. She expressed concern of property values as an appraiser told them that their property values would decrease 20-30 percent living next to these types of facilities She believes that there needs to be a restriction that there will be no Phase III project. Darren Swink, 4133 Falcon Drive, said that the majority of people speaking today live next to the property line and are the most impacted. He believes the applicants have done a good job of trying to adhere to what their neighborhood is looking at, but they feel this gas plant is in the wrong location. He hopes that with Phase 2 they will look a half mile north or half mile south to locate. He asked that when developing the landscaping that the applicant talk to them about their suggestions. Commissioner Ford referred to pictures provided of the site and mentioned that the flare tower appears to be the same size as the transmission towers and telecommunication tower. Mr. Swink said that it is just not the flare tower, but the long. low elevation of the whole plant. Rory Pettinger, 17120 Falcon Drive, Ft. Lupton. Colorado, provided some pictures of the view of his backyard of the Phase I Gas Plant and additional pictures of a 3D model of what the Phase I Gas Plant will look like. He expressed concern with decrease in property values. Walter Pugliese, 17150 Eagle Street. said that since the operation of the gas plant there has been no wildlife in their neighborhood. He added that the noise of the gas plant is a continual noise and there is a harmonic vibration that rattles his home. Adam Olson, 17050 Eagle Street, said that they moved to the house 1 1/2 years ago and six (6) months later they started construction of the gas plant. The country life they dreamt of has gone and the noise is loud enough that at night he operates a fan to drown out the noise from the gas plant. He said that prior to construction they had a good view of the mountains but now there is a large chunk has been obscured. He expressed concern regarding the value of their home as their home has been on the market since October and have received no offers. Charlene Michel, 4561 Meadowlark Road, Ft. Lupton. echoed the concerns of her neighbors. She said she home schools her nine (9) kids. She doesn't know the balance but said it is too close to residences. Mr. Jordan referred to the decrease in the property values and although he understands their concerns. it is not substantiated and not factual. Regarding site location, they needed a large acreage and looked at areas in proximity however, they were not for sale_ This location was the only site in the area that worked with the pipelines and getting power to the plant. He added that they moved their facilities to the far corner to stay as far away as they could from the neighborhood. Mr. Jordan said that they will continue to meet with the neighbors to mitigate their concerns. He added that they don't believe that all the noise issues may be coming from only them. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR17-0059 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola. Seconded by Michael Wailes. Vote: Motion passed (summary: Yes = 6, No = 1. Abstain = 0). Yes: Bruce Sparrow, Gene Stifle. Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry Cross. No: Tom Cope. Commissioner Cope understands the buffer area. however, in his opinion there is so much residential housing in that area and doesn't know that it is a great spot for an industrial type facility. He added that siting is difficult and there are no good places for it. He is concerned that this may be too close to that many houses for this type of industrial site. 4 Commissioner Sparrow said that this is tough and he tends to think about what if this facility was next to him. He stated that he owned a piece of property and the power company put a substation on it and not many neighbors were happy about that but a few years later they told him that they don't notice it anymore. He said that a landowner has a right to use his property to his benefit and if not this then what could be there, an RV storage facility or a feedlot or a dairy that they wouldn't like. Commissioner Stille said that where he lives there is a large dairy that has odor, obstructs the view of the mountains. dust, and noise from the oil and gas compressors on site and he sympathizes with the neighbors. Commissioner Jemiola said that development throughout the County is always changing and agricultural areas are known for agriculture, oil and gas production and mineral extraction. He said that the applicant has demonstrated that he is more than willing to work with the neighbors and put in some serious investment in screening. Commissioner Cross said that the applicant is working really hard to accommodate their neighbors. Meeting adjourned at 3:48 pm. Respectfully submitted, 461(dkvu, �yer,6Ceat_ Kristine Ranslem Secretary 5 Hello