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
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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
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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:�
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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.
Respectfully submitted,
Kristine Ranslem
Secretary
2
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