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Home My WebLink About20181934.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Sparrow, 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: be CASE NUMBER: APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0019 R 18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING FACILITY); TWO (2) 24 -INCH AND ONE (1) 16 -INCH NATURAL GAS PIPELINES TO BE LOCATED ON THE PROPERTY; AN ONSITE SWITCHING STATION/SUBSTATION AND A 150 - FOOT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RECX13-0096, BEING PART N2 SECTION 2, T3N. R66W OF THE 6TH P.M.. WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 38 AND EAST OF AND ADJACENT TO CR 33. 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 Welc County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20. G.2. A. Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region" The majority of the proposed facility will be located on land delineated as "Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. No Prime Irrigated farmland will be taken out of production. Conditions of approval and development standards (landscape & screening plan, communications plan, maximum noise standards, lighting plan, emergency action and safety plan) are attached to address impacts associated with the proposed use. Section 22-5-100.A. (OG.Goal 1.) states '` Promote the reasonable and orderly exploration and development of oil and gas mineral resources." The proposed gas plant facility is for Kerr-McGee Gathering, LLC, a subsidiary of Anadarko Petroleum Corporation. Both entities operate nearly 5,000 wells in Weld County. Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." Conditions of approval and development standards (including a landscape & screening plan, lighting plan, communications plan, maximum noise standards, lighting plan, emergency action and safety plan) are attached to address impacts associated with the proposed use. Additionally, no "Prime" irrigated farmland is being taken out of production. Section 22-2-20.1 (A Policy 9.5) states: "Applications for a change of land use in the RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 2 agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies Encourage applicants to communicate with those affected by the proposed land use change through the referral process " The applicant has had ongoing meetings with neighboring property owners to discuss/address impacts associated with the proposed gas plant facility The proposed use is in an area that can support this development and the existing screening, the Development Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region B 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 delineates Oil and Gas Support Facilities (including gas processing plants) as a Use by Special and One (1) or more microwave, radio, television or other communication transmission or relay tower over seventy (70) feet in height as Uses by Special Review in the A(Agncultural) Zone District Section 23-3-10 — Intent states "The A (Agricultural) Zone District is also intended to provide areas for the conduct of uses by Special Review which have been determined to be more intense or to have a potentially greater impact than uses Allowed by Right " The facility location is based on proximity to existing oil and gas pipelines and infrastructure The attached development standards and conditions of approval (including a landscape & screening plan, communications plan, maximum noise standards, lighting plan, emergency action and safety plan) will adequately address the impacts associated with the proposed use C. Section 23-2-220 A 3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The proposed facility is to be located approximately 600-700 feet (at its nearest point) to the south of the nearest residential parcels adjacent to this site Five rural residential lots are located in this area Additional a couple of residences are located approximately 4,200 feet to the east of the site The parcel slopes to the south and east where the proposed gas plant is to be located Properties to the west and south of this sloped area will be partially screened by the slope The DCP Mewbourn Gas Plant (approved under 5MJUSR16-83-542) is located to the northeast of the plant site (north of and adjacent to County Road 35 and west of and adjacent to County Road 38 A confined animal feeding operation is located to the west of the property One e-mail objecting to the application has been received The letter mentions concerns with the amount of oil and gas facilities in the area (including the Mewbourn plant) and the increased amount/concentration of noise and air pollution in the area created by this gas plant The applicant has submitted a Lighting plan and Noise Abatement Plan The applicant is proposing an essential lighting system (a lower level of illumination for areas that need to be lit on an ongoing basis Additionally, a demand lighting system is proposed for increased illumination for areas requiring nighttime work activities as required On demand lighting will be only used when needed The applicant is proposing a 25 -foot high sound wall around the gas plant facility to assist in RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 3 noise mitigation and lighting mitigation as well as assist in screening the site from adjacent properties The applicant is also proposing electrically driven compressors and enclosing the compressors inside insulated metal buildings The required air permits will have to be obtained from the Colorado Department of Public Health and Environment for this facility The applicant has had ongoing community meetings (a total of seven (7) meetings since 11/14/2017) with property owners in the area and continues to have ongoing dialog to address impacts associated with the proposed use The attached conditions of approval (noise standards, landscaping/screening plan, limits on flaring, ongoing communication requirements with surrounding property owners) will adequately address compatibility with the surrounding area D Section 23-2-220 A 4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities The site is located within the 3 -mile referral area of the Town of Gilcrest No referral response has been received from the Town of Gilcrest regarding this case E Section 23-2-220 A 5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code The site is not located within an overlay district Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program Building Permits issued on the proposed lot will be required to adhere to the fee structure of the 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 The proposed facility is located on approximately 240 93 acres delineated as "Other" and "Prime if Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map Approximately 61 6 acres in the eastern half of the property The proposed gas plant facility is located mostly in the western half of the property with a small area located in the area delineated as "Prime if Irrigated" G. Section 23-2-220 A 7 — There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County In addition to the gas plant and communication tower component Two (2) 24 -inch and one (1) sixteen 16 -inch high pressure gas pipeline are proposed to be located on the same property as the gas processing plant and a part of USR18-0019 Gas pipelines are subject to the follow It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-480 of the Weld County Code as follows RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 4 A Section 23-2-480 A 1 — All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural uses and lands The pipeline is on a property owned by Anadarko (the applicant) There is no irngated cropland on the site One pipeline will be located on the western portion of the property (located outside of the prime if irrigated portion of the property per the Important Farmlands of Weld County Map) and the other two pipelines will cross the prime if irngated portion of the site adjacent to the southern property line to minimize impacts to agricultural production should it occur in the future B Section 23-2-480 A 2 — The pipeline will not have an undue adverse effect on existing and future development of the surrounding area, as set forth in applicable Master Plans The site is located within the 3 -mile referral area of the Town of Gilcrest No referral response has been received from the Town of Gilcrest regarding this case C Section 23-2-480 A 3 — The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible The pipelines will be located entirely on the same property as the proposed gas plant No additional properties will be crossed by the pipelines D Section 23-2-480 A 4 - The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of Noxious Weeds The application indicates that the pipeline sites will be maintained to prevent soil erosion, control dust and the growth of Noxious Weeds Kerr McGee Gathenng has a water pipeline on location to be used to employ water trucks to spray nearby roads and pipeline corridors during pipeline construction The impacted area will be stabilized by reseeding and, if necessary, installing permanent erosion controls after final grading E Section 23-2-480 A 5 -- The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts from the proposed pipeline The applicant agrees to implement reasonable measures deemed necessary by the Board of County Commissioners F Section 23-2-480 A 6 — All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area The proposed pipelines are located on the same property as the proposed gas plant The pipeline locations minimize impact to Prime if Irrigated farmground No additional alternatives are proposed as the pipelines will not cross any additional parcels outside the parcel owned by Anadarko G Section 23-2-480 A 7 — The nature and location or expansion of the pipeline will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area No referral response has been received from History Colorado Colorado Parks and Wildlife indicated no conflicts with their interests in their referral dated March 22, 2018 RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP. C/O KERR MCGEE GATHERING, LLC PAGE 5 Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -way and/ or surrounding properties as a result of the pipeline. A Storm Water Management Plan (SWMP) will be implemented to control soil erosion during construction. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. An Improvements and Road Maintenance Agreement is required for off -site improvements 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. The Agreement shall require the construction of the following capital improvements. (Department of Public Works) 1. Future off -site improvements to be completed a. Design and construct a left deceleration/turn lane on CR 35 whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property for an average daily peak hour. b. Design and construct a right deceleration/turn lane on CR 35 whenever traffic exceeds 25 VPH turning right into the Property for an average daily peak hour. c. Design and construct a right acceleration lane on CR 35 whenever traffic exceeds 50 VPH turning right out of the Property for an average daily peak hour. d. Design and construct a left acceleration lane on CR 35 whenever such a lane would be a benefit to the safety and operation of the roadway. The County, in its sole discretion, shall determine if a left acceleration lane is required. 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) A Landscape/Screening plan to mitigate visual impacts shall be submitted to the Department of Planning Services for review and approval. The Plan shall include a 25 -foot screening wall around the facility. (Department of Planning Services) D A Lighting Plan that meets the requirements of Section 23-9-40 of the Weld County Code shall be submitted for review and approval by the Department of Planning Services. (Department of Planning Services) E A Noise Mitigation Plan shall be submitted to the Department of Planning Services for review and approval. (Department of Planning Services) F A Communications Plan shall be submitted to the Department of Planning Services. The Communications Plan shall address ongoing communication processes with area property owners, and reviewed annually with input from area property owners. (Department of Planning Services) G The map shall be amended to delineate the following: RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 6 1 All sheets of the map shall be labeled USR18-0019 (Department of Planning Services) 2 The attached Development Standards (Department of Planning Services) 3 The map shall be prepared in accordance with Section 23-2-260 D of the Weld County Code (Department of Planning Services) 4 The applicant shall delineate on the map the trash collection areas Section 23-3-350 H of the Weld County Code addresses the issue of trash collection areas (Department of Planning Services) 5 County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate on the site plan the future and existing right-of- way All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County (Department of Public Works) 6 County Road 38 Section Line is shown to have 60 feet of unmaintained section line nght- 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) 7 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) 8 Show and label the approved tracking control on the site plan (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 38 Section Line Right -Of -Way, not County maintained " (Department of Public Works) 11 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) 12 The applicant shall show the drainage flow arrows (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) 14 The map shall delineate the landscaping and/or screening (Department of Planning Services) 15 The map shall delineate the lighting (Department of Planning Services) 16 All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services) 17 Show and label all recorded easements on the map by book and page number or reception number and date on the site plan (Department of Planning Services) RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 7 2 Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp. .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North Fl PS 0501 (US Feet)....etc. ). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5 Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control. (Department of Public Works) B. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Planning Services - Engineer) 6. Prior to issuance of the Certificate of Occupancy: A. The applicant shall submit written evidence of a commercial well to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) B. An ndividual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) 7 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. The plan will include an evacuation plan and a test exercise provision. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 8 The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property. until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 8 Motion seconded by Lonnie Ford VOTE For Passage Bruce Johnson Bruce Sparrow Michael Wades Terry Cross Gene Stifle Lonnie Ford Richard Beck Against Passage Absent Jordan Jemiola Tom Cope The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 5, 2018 Dated the 5th of June, 2018 Kristine Ranslem Secretary RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 9 - SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kerr McGee Gathering LLC USR18-0019 1 A Site -Specific Development Plan and Use by Special Review Permit, USR18-0019, for Oil and Gas Support and Service a Natural Gas Processing Plant, two (2) 24 -inch and one (1) 16 -inch natural gas pipelines to be located on the property, an onsite switching station/substation and a 150 -foot tall on -site communications tower in the A (Agricultural) Zone District, subject to the Development Standards stated hereon (Department of Planning Services) 2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code (Department of Planning Services) 3 The hours of operation are 24 hours a day, seven (7) days a week Scheduled maintenance events that include flaring shall occur dunng daylight hours (Department of Planning Services) 4 The number of on -site employees is limited to ten (10), as stated on the application (Department of Planning Services) 5 The parking area on the site shall be maintained (Department of Planning Services) 6 All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code (Department of Planning Services) 7 The landscaping/screening on the site shall be maintained (Department of Planning Services) 8 The operator shall comply with the approved Communication Plan submitted to the Department of Planning Services (Department of Planning Services) 9 The operator shall comply with the approved Lighting Plan submitted to the Department of Planning Services (Department of Planning Services) 10 Collocation of other antenna by other service providers shall be permitted on the tower (Department of Planning Services) 11 Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and any associated equipment shall be removed and the premises restored to its original condition according to the Decommissioning Plan (Department of Planning Services) 12 The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire Distnct and the Weld County Office of Emergency Management to the Department of Planning Services (Department of Planning Services) 13 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20- 100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination (Department of Public Health and Environment) 14 No permanent disposal of wastes shall be permitted at this site This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100 5, C R S (Department of Public Health and Environment) 15 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) RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 10 16 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) 17 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) 18 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) 19 Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems A permanent, adequate water supply shall be provided for drinking and sanitary purposes (Department of Public Health and Environment) 20 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) 21 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) 22 As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available (Department of Public Health and Environment) 23 The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur (Department of Public Health and Environment) 24 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) 25 The facility shall not exceed 65 decibels, as measure at the property boundaries and as set forth in Section 25-12-103, C R S (Department of Public Health and Environment) 26 The operator shall comply with the approved Noise Mitigation Plan submitted to the Department of Planning Services (Department of Public Health and Environment) 27 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable (Department of Public Health and Environment) 28 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 29 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) RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 11 30 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) 31 The property owner shall control noxious weeds on the site (Department of Public Works) 32 The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking (Department of Public Works) 33 There shall be no parking or staging of vehicles on public roads On -site parking shall be utilized (Department of Public Works) 34 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) 35 The Property Owner shall comply with all requirements provided in the executed Improvements Agreement (Department of Public Works) 36 The Improvements Agreement for this site shall be reviewed on an annual basis, including possible updates (Department of Public Works) 37 Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County (Department of Public Works) 38 The historical flow patterns and runoff amounts on the site will be maintained (Department of Planning Services - Engineer) 39 Weld County is not responsible for the maintenance of onsite drainage related features (Department of Public Works) 40 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) 41 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 2017 National Electrical Code A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection (Department of Building Inspection) 42 The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code 43 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 44 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 RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 12 45 The facility shall notify the County of any revocation and/or suspension of any State issued permit (Department of Public Health and Environment) 46 The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance (Department of Public Health and Environment) 47 The property owner or operator shall be responsible for complying with all of the foregoing Development Standards Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners (Department of Public Health and Environment) 48 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 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 49 WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities The sheer magnitude of the area to be served stretches available resources Law enforcement is based on responses to complaints more than on patrols of the County, RESOLUTION USR18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC PAGE 13 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- rnno+es MooS/ g SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, June 5, 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck. Terry Cross, Tom Cope. Absent: Jordan Jemiola. Also Present: Chris Gathman and Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health: Evan Pinkham and Hayley Balzano, Public Works; Frank Haug, Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER REQUEST: LEGAL DESCRIPTION: LOCATION: USR18-0019 R 18-0019 ANADARKO E & P COMPANY LP, C/O KERR MCGEE GATHERING, LLC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING FACILITY): TWO (2) 24 -INCH AND ONE (1) 16 -INCH NATURAL GAS PIPELINES TO BE LOCATED ON THE PROPERTY: AN ONSITE SWITCHING STATION/SUBSTATION AND A 150 -FOOT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT. LOT B REC EXEMPT RECX13-0096, BEING PART N2 SECTION 2, T3N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. SOUTH OF AND ADJACENT TO CR 38 AND EAST OF AND ADJACENT TO CR 33. Chris Gathman, Planning Services, presented Case USR18-0019, reading the recommendation and comments into the record. Mr. Gathman indicated that the proposed facility has three (3) high pressure gas pipelines on the same property as the proposed gas plant. The proposed resolution therefore has a separate set of criteria for the pipeline (per Section 23-480 of the Weld County Code) in addition to the standard USR criteria delineated in Section 23-2-220 of the Weld County Code. Mr. Gathman stated that the applicant had contacted DCP regarding the potential for location on their 100 -foot tower approved under 5MJUSR17-83-542 as an alternative to their proposed 150 -foot communication tower. Anadarko indicated DCP has only a 35 -foot tower at their site and are unsure when or if the height will be extended to 100 -feet. Mr. Gathman noted that one (1) email and four (4) responses were received in opposition to this case. The concerns outlined were the amount of oil and gas facilities in the area, increased amount and concentration of noise and air pollution in the area, traffic, and the haul route. The applicant has hosted seven (7) meetings with the community since November 2017 and intends to have ongoing meetings with the community. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham, Public Works, reported on the existing traffic, access to the site, improvements agreement 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. Nathan Keiser, Anadarko Petroleum, 1099 18'h Street. Denver. Colorado, stated that to understand the community concerns they have hosted several community meetings. The community was concerned about health, safety. sound and visual barriers, light mitigation and property valuation. Mr. Keiser noted that they are required to have Air Permits in place and maintain all necessary emissions reporting requirements. He added that information is available to the public through the appropriate agencies and the facility is monitored by video surveillance and staffed 24/7. The community had asked for a 28 foot wall; however, 1 after some research they have found a 25 foot wall matching the color scheme of the surrounding area Additionally, they will include landscaping for decorative purpose since the wall provides the primary screening All lighting will be engineered utilizing dark sky standards It will be designed to minimize the required lighting needed to safely operate the plant during all times There will be an essential lighting system and a demand lighting system Mr Keiser stated that all compressors will be electric and will be enclosed in insulated metal buildings Additionally, the 25 foot wall will act as a sound wall The site will operate at 55 decibels during the day and 50 decibels at night They will also develop a communication plan during all phases of permitting, construction and operations An online portal will be created to share specific information of the proposed facility and there will be an Anadarko Colorado responsive line Mr Keiser said that water will assist with dust suppression during construction and Mag Chloride applications available if preferred by community They will work with the community on signage The construction will mostly take place during the daytime hours Commissioner Ford referred to the wall and asked how many acres this will enclose Mr Keiser said it would contain 60 acres The Chair asked if there was anyone in the audience who wished to speak for or against this application Dennis Nagel, 16311 CR 38, emphasized that anything that was discussed should be included in the USR, for instance the wall He added that he has learned that if items are not included in the USR, the applicant isn't required to do them Gerald Johnson, 16274 CR 33, stated that the community should be tested He has lived there since 1965 and some of the community has been tested for benzene and other heavy metals and they have been tested high He is not adversarial to oil and gas but would like to see it done carefully and with some thought He added that Anadarko should show that they are not hurting their property values Doug Tschudy 16955 CR 33, stated that Anardarko has done a good job of negotiating in good faith The concerns they have today is that what is filed in the USR has to be binding as he is concerned with the cumulative effects of all of the oil and gas facilities in the area He stated that the roads are horrible and are a safety issue Roy Wardell, 16512 Essex Road North, reported on the traffic and haul route He suggested dividing the traffic among the roads Marcy Trescott-Helmck, 16059 CR 38, stated that this application needs to be amended and continued She is on a well and is concerned with her drinking water She is a property appraiser and is stunned that the facility is located on the rise instead of further to the east closer to County Road 35 She indicated that tons of oil and gas vehicles are using County Road 38 and the sound level from existing facilities already make it difficult to carry on a conversation outside Tom Cope left the meeting at 4 03 pm Tern Dechant, 18488 CR 33, stated that she is concerned with her quality of life There is already a lot of noise in the area from existing oil and gas operations She would like to see everything written and included in the USR Connie Nagel, 16311 CR 38, stated that she wants to ensure everything that is said and discussed will be required She is concerned with the quality of their water 2 Commissioner Sparrow asked if the 25 foot wall is in the development standards Mr Gathman said it will be submitted with their landscaping plan Mr Keiser said that as part of their application they have submitted a mitigations plan that includes the wall Commissioner Sparrow asked the applicant if they have an idea of where their traffic is coming from Mr Keiser said that the majority of traffic will be coming from Platteville In response to the Planning Commission's inquiry, Mr Gathman suggested amending Condition of Approval 1 C by adding "The Plan shall include a 25 foot screening wall around the facility" at the end of the paragraph Motion Amend Condition of Approval 1 C, as suggested by Staff, Moved by Michael Wailes, Seconded by Gene Stile Motion carried unanimously The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those The applicant replied that they are in agreement. Motion Forward Case USR18-0019 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Sparrow, Seconded by Lonnie Ford Vote Motion carried by unanimous roll call vote (summary Yes = 7) Yes Bruce Johnson, Bruce Sparrow, Gene Stale, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross Absent Tom Cope Meeting adjourned at 4 36 pm Respectfully submitted, Kristine Ranslem Secretary 3 ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip ?S., -4 05Ptr 2r `t3 (2;->tf L1/4).„4- or w ti. c..s SVSSU :,f c).st PP --)5E Cat e £22/a c, nit- Imo.. P v Poe (136 ecrseit co eoblit-LF*--bS31 fro w,'o; g/PA s 25"Gw cell 1/y _sy xotr4--O/ Pen KerSt _Ts,. 5 irter -4 1/4.4.4.-sre An- 704.4 et/z syy,s/ y --- a theist teifieint- 2,5- L. c 1 Y 0 12 it Yy kites Jar (JIB p. 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