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Home My WebLink About20180041.tiffHEARING CERTIFICATION DOCKET NO. 2018-05 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY 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 (1) CARGO CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES, LLC A public hearing was conducted on January 17, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway (EXCUSED AT 2:51 P.M.) Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle Public Works Department representative, Evan Pinkham Planning Services Engineer representative, Hayley Balzano Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated November 29, 2017, and duly published December 4, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by 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 (1) cargo container in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the site is located in the three (3) mile referral area of the Cities of Fort Lupton and Brighton, and the Towns of Hudson and Lochbuie, and in the Coordinated Planning Agreement for the City of Fort Lupton. He reported the City of Fort Lupton requested, that a pre -annexation agreement be completed as a Condition of Approval. The other jurisdictions did not respond to the referral requests. Mr. Ogle explained the use encompasses 130 acres of the 243 -acre parcel and the expansion is critical to move gas out of the county and he described the site layout, adjacent uses, and the recently permitted transmission pipeline. He pointed out the neighboring subdivision and nearest residences and stated staff has received more than 50 letters from surrounding property owners. Mr. Ogle displayed a map reflecting the locations of surrounding property owners that contributed correspondence and cited their concerns include: industrialization, size of facility, pipelines, hours of operation, truck traffic, impacted view to the west, reduction in property values, noise, dust, safety and general opposition to any expansion. He stated the applicant will address mitigation measures such as: a landscaping and screening plan to include photo simulation, visual c.ccsof r,m), PZcHB), E-HCBF'),CTBCTT) 03(0ar 18 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 2 mitigation, lighting plan to include turning off lights during night time hours except for necessary maintenance, communication plan for information dissemination, and a noise mitigation plan. Mr. Ogle explained the nature of the other USRs in the area and provided the distance to the nearest residence from the property line and from the proposed expansion. He reviewed the hours of operation and stated 19 referrals were sent out, with six (6) responses returned with comments that have been considered in the staff recommendation. He displayed photos of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Kirkmeyer, Mr. Ogle stated the USR for Phase 1 was approved in 2016. She further requested the minutes be sent to her and staff complied. el Evan Pinkham, Department of Public Works representative, provided a brief overview of the transportation plans and requirements, stating the access is from County Road (CR) 35 and an Access Permit, AP16-00371, was approved for the existing use, and for the proposed expansion, the applicant has been directed to utilize the existing one (1) Industrial access. He reviewed the average daily traffic counts and truck percentages and stated the new Use, per the traffic narrative, will generate an additional 15-20 passenger round trips, 2-3 truck round trips, and designated traffic routes. Mr. Pinkham stated the Department of Public Works is requiring tracking control and an Improvements Agreement. el Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements, stating the applicant submitted a preliminary drainage report and a final drainage report is required prior to recording the USR map. She reviewed the pond feature that is designed to facilitate drainage if the Use is in a final drainage easemen;, if it is removed, this requirement may be stricken. Ms. Balzano reviewed the Conditions and Development Standards related to Engineering. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the applicant is proposing to have ten (10) full-time employees. He reported both water and sewer is provided by the neighboring lot, and for the proposed expansion there will need to be proof of adequate water and sewer provided prior to the issuance of the Certificate of Occupancy. He stated Development Standards (DS) #5-21 address Environmental Health items. CE Commissioner Kirkmeyer inquired about a particular letter written by a surrounding property owner. Mr. Ogle stated he will locate the letter for her review. Ei Cory Jordan, applicant, provided a PowerPoint presentation and introduced the team that was present and available for expert testimonials and questions. He reviewed the company history, project overview, and described measures taken regarding safety, emissions, noise, lighting, traffic, community engagement, and landscaping. He emphasized the two (2) Colorado offices located in Brighton and Longmont and stated 90% of the employees are local and he stated they have been in business for eight (8) years total and two (2) years in Colorado with no incidents or violations. Mr. Jordan stated they have passed all the audits for oil gatherings and have had no issues. He explained the company is well capitalized and this is the only project they are focused on and it includes 86 miles of permitted pipeline with another 78 miles in various stages of permitting or construction and much of the total 164 miles is co -located, and other 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 3 facilities include the Fort Lupton Gas Plant. He emphasized the need to get these products processed so they can be used to meet the needs of the ever growing population in this area. He provided the amount of natural gas that Colorado uses daily and stated approximately 50% is used for residential gas and electric power and he asserted that 70% of the demand for power is provided with natural gas production from the DJ Basin. Mr. Jordan claimed that once the Discovery DJ Services system is fully operational, the Colorado Interstate Gas Company will no longer be a net importer of natural gas. Mr. Jordan reviewed the Fort Lupton Phase One development and explained the addition of Phase Two which includes the cryogenic facility. He explained the additional development will not encroach on the buffer zone and he displayed a site map with the existing gas plant and proposed gas plant, as well as an aerial photo to point out the specific buildings and equipment and the 80 -acre buffer zone. He reiterated how important safety is and reviewed the stop work policy if something seems uncomfortable. He asserted they have no violations with the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), or regarding Air Emissions (APEN), and clarified prevention is the best way to avoid an accident. He described the on -site control room manned 24/7 by highly qualified operators, fencing, automatic shut down and controlled shutdown stations, safety valves, monitors for temperatures, pressures and flows, and emergency flare system to divert gas pressures. He reported participating in mock drills with area first responders, and to support site safety and benefit the community, they have water on -site that may be used for any fires in the area. He clarified the emissions are regulated and enforced by the Colorado Department of Public Health and Environment, and they are some of the most stringent requirements in the nation. Andrew Truitt, Senior Engineer for Behrens and Associates, Inc. and acoustical consultant for Discovery, stated they have been in business nationwide since 1993, and specialize in acoustical mitigation. He reviewed his experience and stated he has been involved on this project for a year and performed several studies to include ambient sound levels, noise modeling, and three (3) operational sound level studies. He stated he has been involved with the entire project to include Phase One and now Phase Two. Mr. Truitt explained the process to establish a baseline in consideration of the environment and in light of the noise restrictions and clarified it is impossible to mitigate below the ambient sound levels. He reviewed the mitigation efforts to include exhaust silencers, acoustical enclosures and acoustical modeling with factory sound level data. He provided both current measurements and sound modeling measurements, reviewed the locations and times of measurements, and displayed the results in relation to the Residential Noise Statute. In response to Commissioner Conway, he stated the modified equipment will meet the sound levels. la Mr. Truitt explained the logarithmic nature of the sound examples and reviewed the request from the community to reduce the noise. He described placing sound mitigation blankets around pieces of equipment. Also, per the request of the community, he reviewed the results of performing an operational vibration survey to identify sources and measurements. Mr. Truitt reviewed the ongoing sound mitigation efforts to ensure regulatory compliance and stated Discovery is committed to continued sound studies to determine the effectiveness of current mitigation and continued consideration of any necessary future mitigation. In response to Commissioner Kirkmeyer, Mr. Truitt pointed out the information in relation to the Phase Two equipment. In response to Commissioner Cozad, he explained it does not include the ambient background noise. 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 4 Mr. Jordan addressed the lighting and stated it has been designed to reduce light pollution and avoid over -illumination. He clarified the lights are downcast, and at night, the lights are off unless needed for safety or maintenance. He stated light is contained inside the fence line. He further reviewed traffic impacts to the Buffalo Ridge Subdivision and based on input from the neighbors, they have installed larger "No Access" signs, hired a security company to work the plant entrance 24 hours a day, seven (7) days a week, and created a stringent process to warn and then remove drivers entering from Eagle Street. As far as parking, he reported Discovery relocated both the parking area and the laydown yard to minimize inbound traffic and dust. Mr. Jordan also described mitigation regarding dust to include magnesium chloride applications, instating a five -mile -per -hour speed limit on the access road and monitoring these measures for compliance. Mr. Jordan reviewed the three (3) community meetings which took place on June 21, July 27, and September 6, 2017, with multiple efforts to follow up with residents. He stated they listened to the concerns and responded with hiring a Community Engagement Manager that is available by phone, text and email with the responsibility to gather input, problem solve as needed, deliver pertinent information and expedite communication. He stated Discovery wants to engage with the residents continually whether in person or by letter. Matthew Bossler, Kimley Horn and Associates, presented the visual mitigation and landscape plan with the intent to reduce the impact to the views toward the proposed Phase Two plant site. He described the visual mitigation plan and identified the tallest buildings and the buildings with the largest diameter and planned mitigation accordingly. Mr. Bossier explained the different sight lines he used to plan the landscape treatments as far as heights of berms, types of plants, density of plantings, and how to maintain the mountain views while blocking the processing facility. He reviewed the plant palette, planting details and deep root watering system, and provided two (2) concepts depicting the view line from the nearest residence to the tallest structure and the plans for mitigation. He described the different concepts as related to berm heights and the difference in the amount of fill dirt needed to complete a 15 -foot -in -height berm, as opposed to a five -foot -in -height berm. In response to Commissioner Cozad, he explained the smaller berm could be built with materials from on -site but the larger berm would require materials being purchased from other locations and brought in. He stated the smaller berm, known as Concept A, is the preferred landscape plan. Mr. Bossler displayed the sight line graphics and explained the use of landscaping to assist with visual mitigation based on scientific placement of plant groupings. In response to Chair Moreno, he stated the design is for mature trees that have two to three years of growth and can immediately help with sight mitigation but that are still young enough to develop a deep root system. He reiterated the difference between the two concepts based on the amount of soil to make each of the described berms. He also mentioned the neighbor's desire to continue to see the mountains. In response to Commissioner Kirkmeyer, Mr. Jordan interjected the purpose for Concept B was because that is what the neighbors were requesting was a 15 -foot berm; however, the applicant prefers Concept A to be a more effective and better use of funds and resources. He described the seed mixes are based on the soil elements and clarified the areas of planting and that there is to be no grading or planting in the easement. Chair Moreno recessed the hearing at 11:47 a.m., with instructions to reconvene at 1:10 p.m. 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 5 • Chair Moreno reconvened the hearing at 1:10 p.m., and invited the applicant to continue with their presentation. • Mr. Bossier continued with his visual mitigation and landscaping plan presentation by explaining the process involving photo -simulation and use of a drone to determine landscaping and screening mitigation decisions. He further explained the discussion regarding planting mature trees, versus planting younger trees, and the results of each scenario regarding root depth. He concluded with aerial drone videos depicting the representation of what the view will be with carefully placed vegetation. In response to Commissioner Conway, Mr. Bossier stated his landscape plan is dependent on water being imported to the site and utilized by way of an irrigation storage tank and he has also spoken to A&W Water Service to provide water. He asserted Discovery is committed to watering and maintaining the landscaping and he described the water demand cycles, choosing low water use or xeric plants, and the drip irrigation zone for plants and deep root bubbler zone for trees. Mr. Bossier explained eventually the xeric plants will no longer need irrigation and he explained the process of tree maturity and time it takes to reach the full height based on the age of the trees being planted and the importance to plant fairly young trees to encourage roots to deepen and flourish. ef Mr. Jordan concluded the presentation. • Darren Swink, surrounding property owner (SPO), Buffalo Ridge Estates, stated he is opposed to both Phase One and Phase Two and emphasized his objection is not to the company but to the location of the facility. He reviewed the history from notification of Phase One to the present and stated initially there was no objection from the neighborhood because no one understood the size and magnitude of the project. He expressed his frustration that now they do understand the size and scope and asked if there will be a Phase Three and Four added in a couple years? Mr. Swink requested Discovery not scrape off the topsoil for the fill material for the berms because when the topsoil is removed the dirt below turns into blowing sand; therefore, fill dirt needs to be brought in. He clarified the photos do not provide an accurate perspective of how close this is to the neighbors. He reported many folks living in the impacted development are close to retirement and are now facing a massive property value loss which equates to losing their life savings. In response to Commissioner Conway, Mr. Swink expressed frustration with the process, stated it does not feel like Discovery is interested in what they have to say, and suggested many neighbors did not reply or attend because they feel like it would not make a difference. He further asserted the water and soil combination is not beneficial for landscaping and again expressed his concern over his own property value diminution. • Rory Pettinger, SPO, Buffalo Ridge Estates, displayed photos from his back porch to show a truer rendition of proximity and he stated there is no berm or tree cover. He also provided the 3-D drawing (Exhibit R) the homeowners received and asked who is going to buy his house when the view from the backyard is this large facility in such close proximity. He reiterated the concern regarding property values diminishing and stated that he heard at Planning Commission how much money Discovery has invested and he wanted to make it clear that his home is all he has and he has invested a lot of money it is as well. Mr. Pettinger disagreed with the presumption that owning property allows you to do what you want. He also stated his concern with the noise and clarified there is a difference between a 50 -decibel truck going past your home and a constant 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 6 50 -decibel noise from the facility. In response to Chair Moreno, Mr. Pettinger stated he had attended the other meetings and tried for several months to get the 3D rendering and assumed Discovery had something to hide if they were not willing to share information. He also stated he felt talked down to at the meetings when he asked questions. In response to Commissioner Conway, he stated his pictures were taken in July and he added that he was out of town for the Phase One meeting and did not understand the scope of the project. Dawn Pettinger, SPO, Buffalo Ridge Estates, stated today is the first day she has seen the landscaping plan and she asserted they should have been finalized and presented to the Homeowner's Association (HOA) regarding Concept A and B. She stated waiting ten to fifteen years for trees to mature doesn't do a thing for the neighbors and she questioned the height of the trees being used for visual mitigation because of the soil and water conditions that tend to inhibit plant life. She expressed her frustration regarding the installation of high pressure gas lines so close to her home and the expansion of the current facility and stated there must be a stipulation or condition refusing any attempt for a Phase Three. Ms. Pettinger reiterated the concern regarding the decline of property values and stated she attempted to address this with Discovery and was told to get three appraisals and look at the midpoint. She explained she attempted to do that and was told you cannot appraise what is not there, so it was impossible to get accurate numbers prior to the completion of Phase Two. Ms. Pettinger described the meeting notification which claimed it was a pipeline project with a very small indicator of a gas plant and she expressed how misleading this was. She argued with the assertion that it is compatible and she stated Phase One should never have been approved and Phase Two should not either. She stated the noise has not been addressed with the current plant operating at only 20 percent and it is very noticeable. She reported being concerned over a loud boom that rattled her windows and shook her house and stated it is horrible to live in fear. In response to Commissioner Conway, she stated this is the first time she has seen the landscaping plan. In further response, Ms. Pettinger stated she heard the current level of operation is only at 20 percent from the plant manager at the Planning Commission hearing last month. Mike DeSanti, SPO, Buffalo Ridge Estates, brought the notification card that was sent out by planning staff and stated it was mailed to eight (8) neighbors. He clarified the folks at the hearing today is a small representation due to other responsibilities but there were 64 letters of opposition sent in and although they may not be good at combating a big company, they are depending on the Commissioners to look out for the homeowner. He stated the neighborhood opposes any expansion of Phase One due to the dust, noise, and lights that are already an issue without the expansion. He reviewed the production increase of flammable material and stated a small sand berm with young trees is not going to hide a 120 -foot tower with a flame on top of it. He requested a 35 -foot berm to surround Phase One so they would no longer see it or hear it. He agreed with prior comments regarding the water and soil issues. Mr. DeSanti expressed his frustration that once public comment is over they no longer are allowed to address anything presented and he also accused Discovery of presenting these expansions one at a time so as not to cause alarm for the big picture. He stated they are familiar with the sounds of frogs, crickets, and farm equipment and argued this area is not meant to be industrial and it is unacceptable. In response to Commissioner Kirkmeyer, Mr. De Santi repeated the order of related USRs to include USR16-0031 for Phase One, USR17-0032 for the Boardwalk Pipeline, USR17-0059 for Phase Two today, and USR17-0068 for the Milton Pipeline. He stated he did not attend the first meeting because he had no idea it would be this large of a facility or so impactful (Exhibit S and T). 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 7 Commissioner Cozad explained the notification post cards are required to be sent to those within 500 feet of the property line. He stated he was notified of Phase Two and the pipeline proposals through the HOA. Crystal Nordholm, SPO, Buffalo Ridge Estates, pointed out her home on the map and stated Discovery offered to some of the neighbors to have pictures taken from their back yard to see how Phase Two would look. She displayed their photos in conjunction with her photos showing that the plant is much closer than their pictures depict and Phase Two does not belong (Exhibit V and W). She explained how they saved money to live in an Estate zoned neighborhood and stated again that this does not belong out her back door. When asked if she attended the meetings, she stated she was not notified the first time because she does not live within 500 feet, but she attended the other meetings as she was notified through the HOA. In response to Commissioner Cozad, Ms. Nordholm stated the visual impact is part of the problem but the droning noise is constant and it is a sensory disturbance. She described the noise like an idling train and it is constant. Charlene Michel, SPO, Buffalo Ridge Estates, pointed out her house on the map and stated she did not get the notifications because they are not within 500 feet so she was not aware of Phase One. She stated her appreciation for being included in the concerns and appealed to the Board to remember their own words that the greatest resources in Weld County are the people who call Weld County home. She reiterated the overall consensus is this facility does not belong next to a residential neighborhood and part of that is displayed by the measures Discovery has taken to try to make this seem acceptable which should be proof that it does not belong. Ms. Michel spoke regarding the noise concern and stated she has done research and has met with Cory Kline to address the two (2) primary noise concerns as a high-pitched screeching and whining sound that does not seem to be happening as often, and a low frequency droning sound, almost a vibration that is a very real presence in her home. She referred to numerous articles relating low frequency sounds to health issues and stated she is home with her children all day every day and it is impacting their quality of life. She requested residential noise limitations be stipulated. She also refuted the likelihood that the trees being planted would survive based on her own experience of losing about half of what they plant. In response to Chair Moreno, she stated she did attend the community meetings. In response to Commissioner Cozad, she stated her primary concern is the noise and, although it is also visually disruptive, the noise takes away the joy of moving out there. She stated you cannot escape the sound and she confirmed she did submit information at the Planning Commission hearing as well. Ed Engle, SPO, Buffalo Ridge Estates, pointed out his residence on the map and stated he is currently the president of the HOA and was elected last year. He explained he moved to the neighborhood in 2016, and remembered getting the little card in the mail and thinking it wouldn't be a big deal. He stated he could not attend a meeting last June, but he sent a letter of opposition to the pipeline and since then he has attended the meetings to object to this facility and he has done his due diligence to notify the HOA once he was aware of the magnitude. Mr. Engle stated his concerns related to traffic accidents since this facility has been built and he was also asking for clarification on the LEPC Commission. Mr. Engle commented on the noise study and proposed berming and stated this is new information today and he recommended berms be installed on County Roads 19 and 12 and stated noise is a big concern. He emphasized that it is an Agricultural Zone. Commissioner Cozad explained this USR does not fall under the guidelines for 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 8 WOGLA and she explained the matter and clarified that the USR process is much more stringent. Mr. Engle stated he is opposed to the application. • Mr. Jordan responded to the public input and stated he understands the concerns are sincere regarding property values and noise. He clarified the noise issue does not solely belong to Discovery, there are other noise sources in that area and, to date, Discovery is operating within the legal regulations. He stated Discovery will continue to work with the neighbors and continue to do everything necessary to meet or exceed the regulations. Mr. Jordan reported the loud boom was a result of a gender -reveal party where someone set off eight pounds of Tanurite by shooting it with a high-powered rifle on Discovery's property. He clarified the size of pipelines has been increased so they don't have to come back before the board and there is nothing hidden. He reiterated it is based on demand and capacity. • Mr. Jordan continued regarding property values and provided data to support the continued increase in value. He stated Discovery is committed to visual mitigation and he reported reaching out to Mr. Engle with a willingness to answer questions. He clarified the high-pressure lines have been in place since 2012, and there is nothing hidden and they are mitigating noise and wanting to work with the community. He also emphasized there are no plans to put anything in the 80 -acre buffer zone and no plans to do any additional Phases. Mr. Jordan stated as operations change and improve, there may be maintenance or modifications to equipment but there are no expansions beyond this. He stated Discovery has done everything it has said it would do and have done it within the guidelines and regulations and he is committed to continuing to perform tests and mitigation to work with the neighbors. • Commissioner Conway stated he has heard the concerns and, in the interest of time, will defer to his fellow commissioners and will need to excuse himself to attend an appointment in Denver. He stated he was informed, heard the public input, and, if needed, will vote on the matter later. Chair Moreno stated for the record that Commissioner Conway departed at 2:51 p.m. • In response to Commissioner Cozad, Mr. Jordan stated he has not seen the data and is not an expert but they are responding to the concerns and although they are already in compliance, they made the effort to put insulated blankets on equipment and are discussing building structures around other equipment and those efforts are in excess of the regulations. • In response to Commissioner Cozad, Mr. Frissell reviewed the dBA levels for residential, commercial, and light industrial and stated the Board has the discretion to change these levels at certain locations, as they choose. • Mr. Jordan stated they lowered the site to keep the footprint lower and there is a huge hill so the noise they are hearing is coming from an ajacent compressor site. In response to Commissioner Cozad, Mr. Frissell explained the noise measurement process. Commissioner Freeman interjected it may be confusing to decipher which location is in violation based on the ambient noise that is obviously present and in consideration that the USR adjacent to Discovery 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 9 may be approved at a higher noise standard. Mr. Frissell stated they would take as many readings as possible to get a good understanding. In response to Commissioner Kirkmeyer, Mr. Frissell confirmed the noise standard on Phase One is at residential. In response to Commissioner Kirkmeyer, Mr. Jordan stated there is a hill that blocks the view on the west and south side which is why there is no landscaping planned for the north, south or west sides. Commissioner Kirkmeyer reviewed the timeline for all the USR applications and asked what the neighborhood meeting notice looked like for this project. Mr. Jordan stated it should be public record with the application and he can supply that if needed. In response to Commissioner Kirkmeyer, Mr. Jordan stated, to date, the plant is operating at 6 million; by next week they are predicting 12 million; by March targeting 20-30 million; and by October targeting above 60 million a day. He clarified these numbers vary and are based on production and demand. Mr. Jordan stated these plants need to run steady and that hills and valleys create problems because the recoveries are impacted if they do not run steady. ▪ Commissioner Cozad stated the burden of proof is on the applicant and, based on the presentation and the documents submitted today, she is prepared to support the application and provide findings for the record and work through the mitigation process. Commissioner Kirkmeyer stated she is also prepared to put findings on the record; however, at this point she is not supporting the application because she agrees with the neighbors that it is not compatible with the area. She asserted, should it move forward, she is prepared to put stipulations on the Resolution. She stated Phase One was borderline with compatibility with the 160 -acre buffer zone, and with the huge rural residential subdivisions in the area, it is not compatible and she will not be supporting it. • Chair Moreno stated he is leaning toward being supportive with concerns regarding compatibility. • Commissioner Cozad stated the hearing certification from the original USR references clearly that it was Phase One of a larger facility. She appreciates the area is changing and there are a lot of residences there; however, the applicant must meet the criteria for approval with the Conditions and Development Standards, and one of those is compatibility. She stated her findings to include compliance with Sections 23-2-230.B.1 and 23-2-230.B.2 and Section 22-2-10 of the Comprehensive Plan regarding the Intent of the A (Agricultural ) Zone District to support all forms of the Agricultural industry and protect the rights of private property owners to convert agricultural lands to other appropriate land uses. She also requested inclusion of Section 22-2-20.G (A.Goal 7) and Section 22-2-20.H (A.Goal 8). She agreed with the finding provided by staff and the Planning Commission concerning compliance with A.Policy 7.2, regarding compatibility which has been addressed through the Landscaping Plan, Noise Mitigation Plan, Lighting Plan to include adhering to the dark sky regulations at night, and preserving the 80 -acre buffer with no further development. She also included Section 22-2-20.1 (A.Goal 9) and Section 22-2-20.1.3 (A.Policy 9.3), which is further demonstrated by the various mitigation techniques previously referenced to reduce conflict between the proposed use and the surrounding residential and agricultural uses. aShe agreed with the existing finding concerning Section 22-5-100.B (OG.Goal 2), specifically, minimizing the impact on the surrounding land and uses. She stated 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 10 the Conditions of Approval and Development Standards and the submitted plans do address that. She added inclusion of Section 22-5-100.A (OG.Goal 1) and stated it is important to provide the infrastructure to get the oil and gas products to the market, which includes the proposed use. la Commissioner Cozad stated the Board must also find that the applicant is in compliance with Section 23-2-230.B.2 which requires consistency with the intent of the A (Agricultural) Zone District as referenced Section 23-3-10. She agreed with the existing language provided by staff and the Planning Commission which cites the various uses of the request allowed by Special Review and she stated the proposed use is necessary to ensure the oil and gas uses which are allowed by right can be delivered to the market. la Commissioner Cozad stated staff and the Planning Commission did a good job making findings concerning Section 23-2-230.B.3 and compatibility with the existing surrounding land uses. However, based on testimony she heard today, she further finds that the applicant is willing to go above and beyond to ensure the views of the mountains are protected, while addressing visual mitigation of the plant with the landscaping and screening plan in coordination with the CSU Extension Agent to ensure proper plantings that are sustainable in the area, although it will take some time for the trees to grow. She stated she heard testimony that the applicant will bring in water for irrigation, but if the trees die, the applicant has to replace them. She stated the applicant testified that the Lighting Plan stipulates they will not have lights on at night, for the most part, which further addresses compatibility. She further stated the proposed Communications Plan demonstrates a willingness to continue to work with the neighborhood. The Noise Mitigation Plan was very thorough with acoustical control devices and the applicant has agreed to the facility adhering to the Residential noise limit. Furthermore, she reiterated the 80 -acre buffer area will help to ensure compatibility with the surrounding land uses. ef She continued and reminded the Board of the importance of safety and the applicant's zero -incident record regarding no Notices of Violation (NOV) on Air Permits which are monitored by the State and local agencies. She stated the applicant encourages a culture of safety through the use of SCADA monitoring and shut -down systems, running drills and working with emergency personnel in the area, sharing the emergency management plan with neighbors, and this all meets and exceeds the health, safety and welfare requirements. She reiterated the noise modeling and reports do address the noise concerns. Regarding Section 23-2-230.6.4, she reminded the Board that the surrounding municipalities had no objections and a pre -annexation agreement with Fort Lupton is required as a Condition. She continued by referencing Section 23-2-230.B.5 and stated the applicant has complied with the building permits; Section 23-2-230.B.6 the applicant does not have prime agricultural land as based on the comments regarding the soil and water; and Section 23-2-230.B.7 was covered above regarding the health, safety and welfare and, furthermore, with eight Conditions of Approval and 36 Development Standards, the applicant meets the criteria. La Commissioner Freeman stated he agrees with the findings as presented by Commissioner Cozad; however, he also agrees with Commissioner Kirkmeyer regarding concerns as he can empathize with having impactful uses adjacent to his property. He stated these uses continue to provide services to the area and he will be supporting the application. Commissioner Kirkmeyer stated her findings for why she will not be supporting the application. She began with Section 23-2-230.B.1 regarding consistency with the Comprehensive plan and Section 22-2-10 regarding the Intent of the Agricultural Zone and how it is not just one section but in looking at the whole and how it weaves together and the intent is to support all 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 11 types of the Agricultural Industry and other appropriate land uses with a high quality rural character. She disagreed that a cryogenic natural gas processing facility, transloading, cargo containers and pipelines support the agricultural industry as they have nothing to do with the agricultural industry, nor are they of high quality rural character. She cited A.Goal 2.3 to develop agricultural related businesses and this is not an agricultural business. Commissioner Kirkmeyer clarified the oil and gas Goals promote the development and extraction of oil and gas, not midstream. And in looking at Industrial uses, I.Goal 1, she reminded the Board that they are to be promoting the location of Industrial uses within municipalities, and this is not a municipality. She asserted that mitigating and minimizing impact does not make it compatible, as it is an industrial use in a rural residential area, RR.Goal 6, development in those rural areas should promote rural residential and rural character. She cited Section 23-2-230.B.2 stating it is not consistent with the Agricultural Zone District as it is a midstream operation, it is not natural resource extraction, and it is an industrial surface use. She reminded everyone that this rural residential area was created by recorded exemptions that support rural character and she agrees with the comments made by the neighbors because there are many large homes and many subdivisions in the area that have been there a long time with large property values now sitting next to an industrial use. She supported the neighbors by agreeing that it is nothing against Discovery but the size and location is not compatible with this area and the notices sent out were very confusing. Regarding Section 23-2-230.B.4, she argued that just because the surrounding municipalities did not object to this does not make a plant of this size compatible with the future development of the area. She insisted she will not be supporting the application but if it moves forward it must include, in the Resolution, requirements for the requested pre -annexation agreement, a Landscaping/Screening Plan, Decommissioning Plan, Lighting Plan, Communications Plan, Noise Mitigation Plan, and no more expansions. Chair Moreno stated he appreciates the comments of his fellow Commissioners and he is supporting the application. He stated he agrees with what has been incorporated by staff and he restated section findings of his own and began with citing Section 22-5-100.B (OG.Goal 2) in relation to oil and gas activities being performed in a manner to minimize the impact on surrounding land and existing land uses; and, Section 23-2-230.B.7 which includes Section 23-2-240 and 23-2-250, to ensure the adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County and he believes there are adequate provisions and the applicant has met the burden of proof and he is willing to move forward to support this application. Commissioner Kirkmeyer answered the question regarding LEPC, which stands for Local Emergency Planning Commission, which is headed up by the Office of Emergency Management and focuses on plans for testing and training and ensuring critical infrastructure throughout the County and training appropriately. el Commissioner Cozad agreed with Commissioner Kirkmeyer that there needs to be a Condition of Approval added requiring a pre -annexation agreement. She further stated OG.Goal 1 needs to be added to the findings which promotes reasonable and orderly exploration and development of natural resources. She further agreed with the need to add Conditions of Approval #1.C through #1.G to reflect the Landscaping/Screening Plan, Lighting Plan, Communications Plan, Decommissioning Plan, and Noise Mitigation Plan, and add Condition #1.H concerning the requirement for a Pre -Annexation Agreement with the City of Fort Lupton, and a stipulation of no 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 12 further expansion allowed on this site. Commissioner Cozad also suggested adding Development Standards to mirror these Conditions that require the applicant to be in compliance with these Plans. The Board agreed to add the recommended Conditions and Development Standards associated with each one. Commissioner Kirkmeyer suggested the removal of "attempt to" from Condition of Approval (COA) #6.C. She further reminded the Board to add a stipulation regarding no expansion. Commissioner Freeman clarified it should be no expansion into the buffer zone. Commissioner Cozad suggested this be a Development Standard rather than a Condition. Mr. Choate provided language. Commissioner Cozad added that there should be something on the map delineating the buffer zone and no allowance of expansion into that area. Mr. Choate suggested delineating it on the map and adding it as a Development Standard. Commissioner Cozad emphasized the applicant has stated for the record they will not expand and she asserted her willingness to support the application is solely based on this buffer zone remaining undeveloped to maintain a measure of separation and compatibility with the neighbors. She asked about a deed restriction. Commissioner Kirkmeyer interjected language to include a new Development Standard to read, "Any expansion of the facility is limited to the USR boundaries and the Recorded Exemption lot." Mr. Jordan agreed with that language. Commissioner Kirkmeyer asked for clarification regarding the landscape plan being on the 80 -acre buffer zone. Commissioner Cozad asked if landscaping on the buffer zone can be an off -site improvement. Mr. Ogle recommended a landscape easement. Mr. Choate suggested the Board require the USR boundary go to the extent of the entire property and then designate the 80 -acre buffer zone as a no build landscape buffer. After further discussion, the Board agreed to carry forward and amend the map to include the 80 -acre lot as a part of the Recorded Exemption and designate it as a no -build landscape buffer to make it enforceable. Mr. Choate recommended language for a new Condition of Approval #1.K.2 to read, "The applicant shall amend Recorded Exemption, RECX17-0168, to include the 80 -acre landscape buffer area within Lot 8," and a new Development Standard #2 to read, "Any expansion of surfaces uses related to the processing plant is restricted to the buildable surface boundaries of the USR." El In response to Chair Moreno, Mr. Jordan indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Cozad moved to approve the request of Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by 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 (1) cargo container in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and the additional findings entered into the record. The motion was seconded by Commissioner Freeman. Commissioner Kirkmeyer stated she will not support the motion even with the changes to the Conditions and Development Standards because there are still issues with compatibility with the 2018-0041 PL2517 HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 13 existing land uses and the future development. She thanked Discovery for their presentation and the experts they brought in and she thanked the public for participating in the process. Commissioner Cozad thanked the applicant and provided her reasons for support and she recognized there are goals, policies and strategies within the Code and there are goals that conflict with goals and she extended her respect to Commissioner Kirkmeyer for her findings but is choosing to respectfully disagree for her own reasons. She also thanked the public for coming and she encouraged them to stay involved because the input they provided resulted in more Conditions and Development Standards and greater accountability for the applicant to uphold. Commissioner Freeman also thanked everyone and challenged the neighbors to hold Discovery to keep their word. Chair Moreno concurred with the statements made by his fellow Commissioners and also thanked the citizens stating he understands there may be some disappointment but he insisted their comments do make an impact and he encouraged the applicant to keep the line of communication open and be a good neighbor because there are folks impacted by this use and he encouraged them to continue to address the concerns of the neighborhood. The motion passed on a roll call vote of 3-1 with Commissioner Kirkmeyer voting no. There being no further discussion, the hearing was completed at 4:26 p.m. 2018-0041 PL2517 HEARING CERTIFICATION — DISCOVERY DJ SERVICES, LLC (USR17-0059) PAGE 14 This Certification was approved on the 22nd day of January, 2018. ATTEST: de de deo%IA Weld County Clerk to the Board BY: Deputy Clerk to the Board APP' v' D AS ount A ttorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO .mot Date of signature: O3loaf IFf Steve Moreno, Chair Barbara Kirkmeyer, I ro-Tem EXCUSED ( at 2:51 p.m.) Sean P. Conway Mike Freeman r 2018-0041 PL2517 ATTENDANCE LIST DATE• I j NAME - PLEASE PRINT LEC;IBLY �MAIL ADDRESS COUNTY OF RESIDENCE SPEAtCtiVG? (Y/N) l}�/ t. 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