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HomeMy WebLinkAbout20182292.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, C/O DISCOVERY DJ SERVICES, LLC KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (EIGHT (8) GAS COMPRESSORS AND RELATED EQUIPMENT) AND UP TO FIVE (5) CONSTRUCTION OFFICE TRAILERS AND FIVE (5) CONEX FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT SUBX18-0014, BEING A PART OF THE N2 SECTION 12, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 34.5: WEST OF AND ADJCENT TO CR 49. 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 22-5-100.A. (0G.Goal 1.) states " Promote the reasonable and orderly exploration and development of oil and gas mineral resources. Discovery is a business that is in the midstream segment of the natural gas industry. As part of its business, Discovery DJ Services, LLC gathers natural gas from wellheads, performs gas processing, and transmits final products to customers via pipelines. In Weld County, Discovery operates an extensive network of gathering pipelines as well as two gas processing plants. The DJ Basin area has seen rapid expansion as new drilling technologies are allowing more oil and gas to be produced. As a result, gas gathering and processing capacity needs to be expanded in order to meet the growing production. To meets these needs Discovery is proposing, the Mustang compressor station necessitated by the need to move larger volumes of gas due to the increases in drilling activity and projected additional production increases anticipated by producers. Further, this need is based on new technology for uncovering natural gas discoveries and the ability of the DJ Basin to expand based on these new technologies. The proposed compressor will be sited on private property owned by the Stroh Family Trust and OGG & S, LLC. This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and Develcpment Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and County, and will address and mitigate impacts on the surrounding area due to the construction of this facility. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Mineral Resource Development, Oil and Gas Support and Service 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 property is generally flat with a slight slope to the south. This land and surrounding lands in each direction are utilized as grazing lands for livestock and are in native grasses with numerous oil and gas facilities, well heads and tank batteries RESOLUTION USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 2 present in each direction. There are fifteen (15) property owners on 22 parcels within five hundred feet of this facility, with the several residences being to the south of the property line adjacent to County Road 34.5. Staff has received no letters, telephone calls or electronic mail from interested parties. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not within a three mile referral area of a municipality. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The site is within the County -wide Road Impact Fee Area. Building Permits issued on the lots will be required to adhere to the fee structure of the County -wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This proposed facility is located on a 10.0 acre area of a large parcel for the compressor site. Ongoing agricultural production will continue on lands not impacted by this proposed facility. The proposed facility is sited on lands that are designated as "Other Land" on the Important Farmlands of Weld County map dated 1979. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the USR map: A. An Improvements and Road Maintenance Agreement is required for off -site improvements during construction at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. (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 Public Works) C. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The applicant shall complete the Conditions of Approval and submit evidence of recordation for Subdivision Exemption, SUBX18-0014, to the Department of Planning Services. (Department of Planning Services) RESOLUTION USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 3 E. The applicant shall develop and submit a visual mitigation and screening plan to the Department of Planning Services for review and approval. (Department of Planning Services) F. The applicant shall develop and submit a Noise Mitigation Plan to the Department of Planning Services for review and approval. (Department of Planning Services) G. The applicant shall develop and submit a Communications Plan to the Department of Planning Services for review and approval. (Department of Planning Services) H. The applicant shall develop and submit a Lighting Plan in accordance with the Weld County Code. (Department of Planning Services) I. The USR map shall be amended to delineate the following: 1. All sheets of the USR map shall be labeled USR18-0039. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The USR map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. County Road 34.5 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5. County Road 47 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 6. County Highway 49 is designated on the Weld County Functional Classification Map as an arterial road which typically requires 140 feet of right-of-way at full build out. The alignment of the road widening project varies along the section line for the corridor. Delineate the location of the existing and future right-of-way and easements on the site plan. (Department of Public Works) 7. County Road 36 Section Line is shown to have 60 feet of unmaintained section line right-of- way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 8. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 9. 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) 10. Show and label the section line Right -of -Way as "CR 36 Section Line Right -Of -Way, not County maintained." (Department of Public Works) RESOLUTION USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 4 11. Show and label a 30ft minimum access and utility easement to provide legal access to the parcel on the site plan. (Department of Public Works) 12. The applicant shall show and label the accepted drainage features and drainage flow arrows. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) 13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Prior to Construction A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 3. Prior to Operation A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 4. Upon completion of Conditions of Approval No.1. above the applicant shall submit a Mylar USR map along with all other documentation required as Conditions of Approval. The Mylar USR map shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The USR map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the USR map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners resolution a $50.00 recording continuance charge shall be added for each additional 3 month period. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review USR map is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Michael Wailes. VOTE: For Passage Against Passage Bruce Johnson Bruce Sparrow Michael Wailes Terry Cross Tom Cope Lonnie Ford Richard Beck Absent Jordan Jemiola Gene Stille 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. RESOLUTION USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 5 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 July 17, 2018. Dated the 17t" of July, 2018 Kristine Ranslem Secretary RESOLUTION USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Discovery DJ Services, LLC Mustang Compressor Station USR18-0039 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facilities including Oil and Gas Support and Service (Eight (8) gas compressors and related equipment) and up to five (5) construction office trailers and five (5) conex for use during the construction of the facility in the A (Agricultural) Zone, and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. The operator shall maintain signage with current points of contact, including name and phone number (Department of Planning Services) 4. The visual mitigation and screening on the site shall be maintained in accordance with the approved Landscape/Screening Plan. (Department of Planning Services) 5. The approved Noise Mitigation Plan shall be maintained. (Department of Planning Services) 6. The approved Communications Plan shall be maintained (Department of Planning Services) 7. The approved Lighting Plan shall be maintained in accordance with the Weld County Code. (Department of Planning Services) 8. The property owner shall control noxious weeds on the site. (Department of Public Works) 9. 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) 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 15. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) RESOLUTION USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 7 16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 17. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 18. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 19. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 20. 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) 21. 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) 22. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, if applicable. (Department of Public Health and Environment) 23. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site or as applicable. (Department of Public Health and Environment) 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 on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking. (Department of Public Works) 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 USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 8 31. The Property Owner shall comply with all requirements provided in the executed Improvements Agreement. (Department of Public Works) 32. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 33. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 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. This is an unmanned facility. (Department of Planning Services) 36. No outside storage is allowed. (Department of Planning Services) 37. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County- wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. (Department of Planning) 38. The facility will operate 24 hours per day 365 days per year. (Department of Planning Services) 39. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 40. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 41. 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. 42. 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. 43. 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. 44. 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 USR18-0039 OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES, LLC PAGE 9 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. 45. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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. Pc. AAy\ut\--e:� rnli7/aoi s SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 17, 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard Beck. Absent: Jordan Jemiola, Gene Stille. Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and Tory Parko, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: USR18-0039 APPLICANT: OGG & S LLC AND THE STROH FAMILY TRUST, CIO DISCOVERY DJ SERVICES. LLC PLANNER: KIM OGLE REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (EIGHT (8) GAS COMPRESSORS AND RELATED EQUIPMENT) AND UP TO FIVE (5) CONSTRUCTION OFFICE TRAILERS AND FIVE (5) CONEX FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION: SUBX18-0014, BEING A PART OF THE N2 SECTION 12, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 34.5; WEST OF AND ADJCENT TO CR 49. Kim Ogle, Planning Services, presented Case USR18-0039, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Ford commented that there a lot of homes impacted by this and referred to the 15 homes within 500 feet of this proposed facility. In response to Mr. Ford's inquiry if Staff has received any response from these residences, Mr. Ogle replied no. Mr. Ford said that he lives close to this facility and said that he didn't receive a postcard and asked if Staff was sure that postcards were sent. Mr. Ogle replied that postcards were sent. Mr. Ford referred to the DCP site and said that several responses were submitted. Mr. Ogle stated that no responses were received for the adjacent DCP site. Mr. Ford said that it seems strange to him that with all these homes nobody responded. Evan Pinkham, Public Works, reported on the existing traffic, access to the site, and 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. Matt Norton, Discovery Midstream Partners, 3601 Stagecoach Road, Longmont, Colorado, stated that each compressor will be enclosed in a noise -insulated building. The facility will be monitored by trained plant operators 24/7. Mr. Norton said that the buildings will be painted a canyon tan to blend in with the environment. Commissioner Ford asked if there was a list of who attended the community meeting. Mr. Norton replied that he does have record of who attended and was submitted with the application. Mr. Ogle said that there were four (4) attendees at the commurity meeting held on February 21, 2018 at the LaSalle Community Center. Mr. Ford commented that he doesn't think the people in the area realized that there are two compressor station facilities going in the same spot. 1 Commissioner Ford asked what the maximum noise level will be. Mr. Norton said that they will comply with the residential noise limit of 50 decibels. Commissioner Ford asked when sound levels will be started. Mr. Norton said that they perform a baseline sound level and it has already been completed from the north, south, east, west corners. He added that they are required to perform an annual test as well. Mr. Ford asked how it will be determined if the noise is Discovery or DCP since there are two compressor facilities. Mr. Norton said that the noise experts will be able to determine that from frequencies of the various equipment. Commissioner Ford referred to the Ft. Lupton Lighting Plan that was submitted and asked if there is a lighting plan for this facility. Mr. Norton said that there is a lighting plan for their unmanned facilities that is more stringent that the Ft. Lupton Lighting Plan as it is an on -demand lighting system. He added that you would need to physically turn the lights on if work needed to be done at night. Mr. Norton reiterated that the goal is to perform maintenance during the daytime hours as they do not want to do maintenance at night. Commissioner Ford asked if there will be any berming or landscaping. Mr. Norton said that the facility will have a 7 -foot fence around it with canyon tan slats in it. He added that they believe the fence with the proposed berming will provide adequate visual mitigation. Commissioner Ford asked why they chose this location. Mr. Norton said that typically they site facilities as they work with the landowner on where they would like the facility to be located on their property. He added that feedback from other neighbors to the landowner or to them allows them to have conversations of amending those locations a little bit. He added that ultimately it comes down to where the pipelines are located for their specific project. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. 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 three compressor station facilities that could have been moved further away from all these homes. He said that there is a lack of planning by the industry to have determined a better location for everyone. He appreciated the collective nature of the facilities being together as there is one larger impact rather than three separate impacts. He said that there needs to be some way of looking at solving the problem of how to take care of these types of activities. Motion: Forward Case USR18-0039 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 Tom Cope, Seconded by Michael Wailes. Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0). Yes: Bruce Johnson, Bruce Sparrow, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. No: Lonnie Ford. Meeting adjourned at 4:32 pm. 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