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HomeMy WebLinkAbout20180580.tiffEXHIBIT BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION I Sot -op ,S RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stille, that the following resolution be introduced for denial 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 17-0065 RICHARD & HEIDI ROBERTSON, C/O CURETON FRONT RANGE. LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CRYOGENIC GAS PROCESSING PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -3799, BEING PART S2NE4 AND LOT B REC EXEMPT RE 3190. BEING PART NE4. ALL BEING IN PART OF SECTION 19. T2N. R64W OF THE 6TH P M WELD COUNTY. COLORADO WEST OF AND ADJACENT TO CR 51 AND 114 MILE SOUTH OF CR 20/CR 51 INTERSECTION. be recommended unfavorably 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 not shown compliance with Section 23-2-220 of the Weld County Code as follows Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed facility site is located approximately 700 -feet from the nearest residence to the north and approximately 3,300 feet east of three (3) residences located on rural properties. The nearest residence to the southwest (not under common ownership) is located approximately 1,600 feet from the site 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. Should the Board of County Commissioners approve the proposal. the Planning Commission recommends the following conditions: Prior to recording the map: A 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 Environment) B 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 Environment) C 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) D An Improvements and Road Maintenance Agreement is required for off -site 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) E A Landscape/Screening plan to mitigate visual impacts shall be submitted to the Department of RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON. 0/O CURETON FRONT RANGE. LLC PAGE 2 Planning Services for review and approval. (Department of Planning Services) A lighting Plan that meets the requirements of Section 23-9-40 of the Weld County Code shall be submitted for review and approval by the Department of Planning Services. (Department of Planning Services) G A Noise Abatement Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) A Communications Plan shall be submitted to the Department of Planning Services. The Communications Plan shall address ongoing communication processes with area property owners. (Department of Planning Services) The plat shall be amended to delineate the following 1. All sheets of the map shall be labeled USR17-0065 (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 on the map 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. The map shall delineate the proposed landscaping and/or screening approved by the Department of Planning Services. (Department of Planning Services) 6. The map shall delineate the lighting. (Department of Planning Services) 7 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) 8. The map shall delineate the parking area for the vendors, customers and/or employees. (Department of Planning Services) 9. County Road 51 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of- way All setbacks shah be measured from the edge of future right-of-way This road is maintained by Weld County. (Department of Public Works) 10. County Road 20 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) Show and label the approved access locations, 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) 12. 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) RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON C/O CURETON FRONT RANGE. LLC PAGE 3 13. Show and label the section line Right -of -Way as "CR 20 Section Line Right -Of -Way. not County maintained." (Department of Public Works) 14. 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 Public Works) 15. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 16. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services - Engineer) 17. The applicant shall indicate specifically on the map the type of right-of-way/easement and indicate whether it is dedicated. private. or deeded to provide adequate access to the parcel. (Department of Planning Services - Engineer) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat 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) 3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012, should the plat 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. (Department of Planning Services - Engineer) 6. 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) 7. 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 plat 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) RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON C/O CURETON FRONT RANGE, LLC PAGE 4 Motion seconded by Bruce Johnson. VOTE For Denial Bruce Johnson Michael Wailes Gene Stille Lonnie Ford Richard Beck Against Denial Absent Bruce Sparrow Terry Cross Tom Cope Jordan Jemiola 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 February 6, 2018. Dated the 61h of February, 2018 Kristine Ranslem Secretary RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON. C/O CURETON FRONT RANGE. LLC PAGE 5 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Richard I. Robertson C/O Cureton Front Range LLC USR17-0065 A Site -Specific Development Plan and Use by Special Review Permit. USR17-0065, for an Oil and Gas Support and Service Facility (Cryogenic Gas Processing Plant) in the A (Agricultural) Zone District. 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. The hours of operation are 24 hours a day. seven days a week. (Department of Planning Services) 4. The number of on -site employees is limited to eighteen (18), as stated on the application. (Department of Planning Services) 5. The parking area on the site shall be maintained. (Department of Planning Services) 6. 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. (Department of Planning Services) 7. The landscaping/screening on the site shall be maintained in accordance with the approved landscape/screening map. (Department of Planning Services) 8. The operator shall comply with the approved Lighting Plan submitted to the Department of Planning Services. (Department of Planning Services) 9. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15'" of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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) 11. 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, Section 30-20-100.5. C.R.S. (Department of Public Health and Environment) 12. 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) 13. 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) 14. 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) 15. 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 RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON. C/O CURETON FRONT RANGE, LLC PAGE 6 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) 16. 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) 17. 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) 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 Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 19. 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) 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. 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) 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. as applicable. (Department of Public Health and Environment) 24. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 25. 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) 26. 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) 27. The property owner shall control noxious weeds on the site. (Department of Public Works) 28. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 29. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 30. 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) RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON. CIO CURETON FRONT RANGE, LLC PAGE 7 31. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 32. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 33. 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 Planning Services - Engineer) 34. 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) 35. 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) 36. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 37. 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. 38. 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. 39. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 40. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 41. 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. (Department of Public Health and Environment) 42. 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. RESOLUTION USR17-0065 RICHARD & HEIDI ROBERTSON C/O CURETON FRONT RANGE. LLC PAGE 8 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. 43. 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. 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. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. February 6. 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado, This meeting was called to order by Chair, Terry Cross, at 12:40 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille. Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross. Tom Cope Absent Jordan Jemiola Also Present Kim Ogle. Chris Gathman, and Diana Aungst. Department of Planning Services: Lauren Light and Ben Frissell. Department of Health: Evan Pinkham and Hayley Balzano, Department of Public Works: Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the January 16, 2018 Weld County Planning Commission minutes, Moved by Bruce Sparrow, Seconded by Gene Stille. Motion passed unanimously. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION LOCATION USR17-0065 RICHARD & HEIDI ROBERTSON. C/O CURETON FRONT RANGE LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CRYOGENIC GAS PROCESSING PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RE -3799, BEING PART S2NE4 AND LOT B REC EXEMPT RE 3190, BEING PART NE4: ALL BEING IN PART OF SECTION 19. T2N. R64W OF THE 6TH P.M WELD COUNTY, COLORADO WEST OF AND ADJACENT TO CR 51 AND 1/4 MILE SOUTH OF CR 20/CR 51 INTERSECTION Chris Gathman, Planning Services, presented Case USR17-0065, reading the recommendation and comments into the record. Mr. Gathman noted that two letters and one email was received outlining concerns and objections regarding dust and road damage to County Road 51, visibility of the flare and towers associated with the facility, noise concerns, lighting (both during construction and during ongoing operations), adding to existing impacts caused by existing businesses in the area, impacts to property values, potential for ground contamination, potential for groundwater contamination, potential for air contamination, ground vibration impacts, impacts on wildlife and weed control. 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. 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_ Nick Holland. Cureton Front Range. LLC, 518 17' ' Street. Denver. Colorado. stated that Cureton is proposing a cryogenic gas processing facility Mr Holland provided an explanation of their safety procedures on site. He said that they have held several community meetings over the last month with inviting residents within one mile of the site. Additionally. they have developed a facebook page as a form of communication to the residents. Mr. Holland also provided an explanation of how the lighting plan will work. They will have some lighting zones that they will be able to manually control as well as having minimal lights at night to mitigate the light concerns EXHIBIT 1 g 1 IA -4 _O ,S Mr. Holland provided some view studies with landscape diagrams and presented them on visual slides. Commissioner Ford asked where the noise comes from. Mr. Holland said from compressors. Commissioner Wailes asked about the vibration frequency issue. Mr. Holland replied that they are considering that as well and looking at how to enclose the compressors so that it will mitigate that concern. Mr. Wailes asked how long with the proposed landscaping take to match the renderings shown. Mr. Holland said that they anticipate planting 8 to 12 foot trees at time of construction of the facility. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Ellen Swieter, 25027 CR 18. Keenesburg, Colorado, expressed concern over the lack of information from the applicant. quality of life. drone of the engines, and lighting pollution. She indicated that the details of the project (truck traffic, number and size of towers. noise mitigation, and plan expansion) outlined in the community meetings are different from the details outlined in the application and the details outlined in the presentation today. She is concerned about a blind spot at the intersection of County Road 18 and County Road 51. Ms. Swieter said that there have been a lot of new oil and gas uses that have been recently approved in this area and that the applicant should consider a more remote area further to the east. Barbara Ries, 8880 CR 49. Hudson, Colorado. stated that her land borders the western boundary line of the proposed project. She expressed concerns regarding her quality of life, lighting pollution, noise. impact on property values and loss of their agricultural lifestyle. She is not in favor of this location and believes that Cureton is proposing this location versus parcels further to the east simply due to cost. She is concerned that this facility will expand into a facility the size of Lancaster off of County Road 22 and that the neighboring property owners are not receiving a consistent message from them as to what the plans are for the facility. She added that trying to get trees to grow in the desolate area is very, very difficult. Jamie Herzmann, 9561 CR 51. Keenesburg, Colorado, stated that this area has become more populated with oil and gas wells. She expressed concerned with plant expansion, road damage, facility safety, investment of their property and decrease of property values and their quality of life. She is not opposed to oil and gas and added that her husband works in the industry; however, she believes this should be placed in a more remote location. Mr. Holland referred to the lack of consistent information and said that things change throughout the process. He said that they feel they are designing a robust plant and will operate it in a safe manner. With regard to traffic, landscaping and noise. they feel they are putting together those mitigation plans for review and approval. Mr. Holland said that the safety measures in place at the plant allows them to deenergize the plant within a matter of seconds to remove any fuel sources. They have submitted an Emergency Action Plan which details the safety procedures for any possible incidents. Mr. Holland stated that they have looked at alternative locations. However. this site is located near residue gas lines serving Colorado and Wyoming and close to natural gas liquid lines. close to production wells, and it sits in a natural depression and also because of water rights. Commissioner Cope asked what is being proposed on the land to the west of where the facility is proposed. Mr. Holland replied that they have nothing planned at this time and added that they purchased the large piece of property to use as a buffer for their facility. He added that the landowner wanted to sell the parcel as a whole and not in parts. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Commissioner Johnson said that there are a lot of producing wells that are being shut in temporarily because the pipelines are over pressured to take it and questioned the timeliness of why this is important. He indicated that maybe there should be a Plan B. 2 Motion: Forward Case USR17-0065 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of denial. Moved by Gene Stille. citing Section 22-2-20. Seconded by Bruce Johnson. Vote: Motion passed (summary: Yes = 5, No = 3. Abstain = 0). Yes: Bruce Johnson, Gene Stille, Lonnie Ford. Michael Wailes, Richard Beck. No: Bruce Sparrow, Terry Cross, Tom Cope. Commissioner Wailes cited Section 23-2-220.A.3 and said that he has a hard time reconciling residential areas and evacuation plans. Commissioner Stille said that he doesn't believe it is compatible. Meeting adjourned at 5:48 pm. Respectfully submitted. Kristine Ranslem Secretary 3 ATTENDANCE RECORD PLEASE le ibis write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip _ (, t I .lti l i/�r-,,,,a,, /7 ! f � . y C y . t '., .\: frYYggj L. 1� f ( S . r- . ll, 11 // - i I .' .1 • Ste". '1,)'s•- 4',� �� E. k' r ..^ ., 1%Yi.- G, C..:,:,1 Se: �J , :-14�`�1� . \ µi,J .) y[ k 1 r � �-`f �1 5 y `L f � LA-An p �1 j Hello