HomeMy WebLinkAbout20183818.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 20, 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,
Michael Wailes, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson,Tom Cope, Lonnie Ford, Richard Beck.
Absent: Gene Stille, Elijah Hatch, Skip Holland
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Department of Planning Services; Lauren Light and
Ben Frissell, Department of Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and
Michelle Wall, Secretary.
Motion: Approve the November 6, 2018 Weld County Planning Commission minutes, Moved by Bruce
Sparrow, Seconded by Tom Cope. Motion passed unanimously.
Chair Wailes stated that Agenda Item"New Business"was moved to the first order of business and Public
Works will be giving an informational overview of the Freedom Parkway Access Control Plan.
Everett Bacon from Public Works gave an informational presentation on the Freedom Parkway Access
Control Plan. Mr. Bacon stated this has been a two-year effort to develop the plan. The plan was developed
through the cooperation of the eight local-government jurisdictions along the corridor as well as the
Colorado Department of Transportation. The process included a rigorous public involvement effort. The
primary goals of the Access Control Plan are to enhance the safety, mobility, and reliability of this
transportation corridor through roadway improvements and access management.
Mr. Bacon stated the corridor is 25 miles long and connects Loveland on the west to roughly Kersey on the
east. The corridor has four different names as it passes through different jurisdictions: State Highway 402,
Larimer County Road 18,Weld County Road 54, and 37t''Street in the Greeley/Evans area. The vision for
the corridor is a four-lane, divided, limited access urban arterial with 120-140 foot right-of-way along the
entire corridor with the exception of the segment between US-85 and 1st Avenue, which is currently
designated as a collector street in the City of Evans'Transportation Plan. The Access Control Plan allows
the flexibility for each jurisdiction to implement their 4-lane urban arterial standard.
Mr. Bacon explained that the Access Control Plan is a planning document that serves as a guide for
improving the corridor but does not identify specific improvements. It establishes a process for coordination
among jurisdictions. The plan allows jurisdictions along the corridor to implement their own design
standards, improvement types, truck routes, etc. The plan is consistent with Weld County policies and
standards.
He said that roadways perform two basic functions-mobility and access to adjoining properties. The plan
improves safety, development, improvements, access, design standards, and maintaining the functional
integrity of the corridor by reducing traffic conflicts and improving traffic flow using access management
strategies.
Mr. Bacon said that improvements to Freedom Parkway will be made as development increases traffic in
the future. There is no special funding program set up for Freedom Parkway. Improvements will be funded
in the typical manner as other roadway project- through federal and state funding programs, developers,
local governments, partnerships, etc.
He explained the plan has seven chapters and eleven policies. All of the 304 access points along the 24-
mile long corridor are inventoried in the plan along with safety concerns and recommendations for each
location. The Plan's policies require communication with other jurisdictions for proposed developments and
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roadway improvements. The Freedom Parkway Policy Committee, made up of a representative from each
of the 8 jurisdictions, will meet at least annually to facilitate implementation of the plan.
The Freedom Parkway Access Control Plan can be found on the Weld County Website at
https://www.weldgov.com/departments/public works/access control plans/freedom parkway/.
Four of the participating jurisdictions have already adopted the Access Control Plan as of November 20,
2018. The other jurisdictions have their adoptions scheduled in the coming days. Weld County
Commissioners are scheduled to adopt the IGA and Freedom Parkway Access Control Plan on December
12, 2018.
CASE NUMBER: USR18-0063
APPLICANT: MICHAEL&LENA PYNE
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (SEMI-TRUCK PARKING FOR
TRANSPORTING MILK FROM FARMS TO MILK RECEIVING FACILITIES) IN
THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A CORR AMD REC EXEMPT AMRE-2442, PART NW4 SECTION 33, T4N,
R66W OF THE 6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 29; NORTHWEST OF AND ADJACENT TO
HIGHWAY 85;APPROXIMATELY 0.03 MILES NORTH OF CR 38.5.
Michael Hall, Planning Services, presented Case USR18-0063, 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 Sparrow asked why the hours of operation are 4:00 a.m. - 3:00 a.m. instead of 24/7. Mr.
Hall explained the hours he put in his staff report reflect the hours the applicant has requested in their
application. Commissioner Sparrow also asked for clarification on the 6 — 7 trucks on the property; He
asked if all the trucks parked and operated from the property. Mr. Hall stated it included both parking and
operating.
Commissioner Johnson expressed concern about the turning radius onto County Road 29 from the
property. Staff explained that the applicant has been operating their business from the property and they
have not indicated any issues in their application.
Evan Pinkham, Public Works, reported on the existing traffic,access to the site and drainage conditions for
the site.
Commissioner Sparrow asked if any of the roads in the area have maximum weight limits. Staff stated that
Weld County does not set maximum weight limits. The Department of Transportation would require a
special transport permit if the trucks exceeded the maximum weight limit. Mr. Pinkham also explained
certain jurisdictions may have set weight limitations.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Chair Wailes asked if the applicant will be washing or sanitizing the tanks on the property. Staff said they
will not be washing the trucks or tanks on the property.
Lena and Michael Pyne, 18598 County Road 29, Platteville, Colorado.They are the owners of the trucking
business. Ms. Pyne stated they are requesting a USR permit for seven trucks and seven trailers and will
basically work 24/7. The trucks usually leave at 3:00 a.m. and return around 3:00 p.m. Ms. Pyne explained
that all the trucks carry the excess weight permit that is required by the State of Colorado. Mr. Pyne said
that the trucks leave and return to the site empty. Ms. Pyne stated that the trucks are washed offsite. The
milk trucks are required to be sanitized and cleaned at the milk receiving facility.
Commissioner Wailes asked the applicant if they are exclusively contracted with Dairy Farms of America.
Ms. Pyne said they are and they haul for six dairies, 365 days a year. They deliver milk, cheese, etc. to
receiving facilities in Greeley, Denver, Bellevue and Fort Morgan.
Ms. Pyne explained they have graveled the area where the trucks park. She said that during the USR
application process,they have learned a lot about what is allowed and what is not allowed(such as adding
large amounts of gravel). Light maintenance such as changing tires, fixing lights and changing breaks is
done onsite; oil changes and other maintenance is done offsite. Ms. Pyne said they employ five truck
drivers and themselves. She said it is a family operation and they are teaching their sons on how to drive
and work on trucks. Ms. Pyne stated they take pride in their business and they meet all regulations and
standards.
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.
Motion: Forward Case USR18-0063 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 Bruce Johnson, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes=6).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope.
Absent: Elijah Hatch, Gene Stille, Skip Holland.
Commissioner Johnson stated that staff did an excellent job in identifying why the business is applicable
and he feels this is the kind of businesses that need to be in the Agriculture zoned properties because it is
an agricultural activity.
Commissioner Skip Holland joined the Planning Commission hearing at 1:22 p.m.
CASE NUMBER: USR18-0059
APPLICANT: DIAN&TRAVIS SHOCKLEY,C/O SHOCKER TRUCKING, INC.
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL USE PERMIT
FOR ANY USE PERMITTED AS A USE BY RIGHT,AN ACCESSORY USE, OR
A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (PARKING, STAGING AND STORAGE OF COMMERCIAL
VEHICLES AND EQUIPMENT AND AN OFFICE), PROVIDED THAT THE
PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION
PLAT OR LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A RECX18-0129, PART E2NE4 SECTION 33, T4N, R64W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 40;WEST OF AND ADJACENT TO CR 55.
Kim Ogle, Planning Services, presented Case USR18-0059, 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.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Commissioner Wailes asked staff what the commercial noise limit is. Staff replied the noise limit is 60
during day hours and 55 during evening hours. Commissioner Wailes asked why commercial noise limits
are used in the Ag zone. Staff explained commercial is used for businesses. The Board of County
Commissioners can decide if they want to change the noise limit to Residential.
Dian and Travis Shockley, 18757 County Road 55, Kersey, Colorado. Ms. Shockley stated they have a
small trucking company. Both she and Travis drive trucks. There is one truck driver who works part-time
in the summer and full-time in the winter. Their daughter helps work in the office.
Chair Wailes asked the applicant what area they normally haul to. Mr. Shockley said they haul locally, but
they also do long hauls.
Commissioner Johnson asked the applicant if they are responsible for getting excess weight permits. Mr.
Shockley replied that they always have the correct permits required in each state and for the size of the
load they are hauling.
Commissioner Cope asked the applicant what materials they haul. Mr. and Ms. Shockley answered rail
tanks, swimming pools, big I-beams, building and construction materials.
Commissioner Ford asked if they own all their trucks and trailers that are parked/stored on the property.
The applicant responded that one truck driver will lease some of their trailers on occasion, but they do not
park or store their truck on the property.
Commissioner Johnson asked the applicant if they do any maintenance or repair work onsite. Mr.Shockley
replied that the trucks are washed offsite and oil changes and major repairs are also done offsite.
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.
Motion: Forward Case USR18-0059 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 Bruce Johnson.
Commissioner Cope said he agreed with the staff's recommendations.
Vote: Motion carried by unanimous roll call vote (summary: Yes=7).
Yes: Bruce Johnson,Bruce Sparrow, Lonnie Ford,Michael Wailes,Richard Beck,Skip Holland,Tom Cope.
Absent: Elijah Hatch, Gene Stille.
CASE NUMBER: USR18-0090
APPLICANT: COALBANK INVESTMENT PARTNERS, LLC, C/O RIMROCK ENERGY
PARTNERS, 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 (SIXTEEN (16) GAS COMPRESSORS AND
RELATED EQUIPMENT) A PERMANENT LAYDOWN AND STORAGE YARD,
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
LEGAL DESCRIPTION: LOT D REC EXEMPT RECX17-0012;NW4 SECTION 8,T7N,R66W OF THE 6TH
P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 27; SOUTH OF AND ADJACENT TO CR 84.
Kim Ogle, Planning Services, presented Case USR18-0090, 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 Johnson asked if this site is adjacent or in close proximity to the pipeline that was approved
two or three months ago. Staff replied that it is.
Evan Pinkham, Public Works, reported on the existing traffic, access to the site and 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.
Anne Best Johnson, Tetra Tech, 1560 Broadway Suite 1400, Denver, Colorado. Ms. Johnson explained
that representatives from RimRock and Coalbank Investments were available to answer any questions.
Facility specifics will be presented by Craig Whitnack. Andrew Truitt from Bahrens and Associates Inc.will
discuss noise mitigation. Ms. Johnson explained the natural gas supply chain from production to
consumption. She said this USR application is for the Severance Compression Facility.
Ms. Johnson stated that a Surrounding Property meeting was held in July. The neighbor directly to the
west attended the meeting along with his friend. The two individuals expressed concerns about the wet
area along County Road 27. Ms.Johnson explained the road has been moved to address these concerns.
Craig Whitnack, 1138 North Robinson Avenue Suite 101, Oklahoma City, Oklahoma. Mr. Whitnack said
the facility will be constructed in two phases. The phase on the north side is budgeted and envisioned at
this time. He said that maintenance and operation staff will enter the site from the access road off of County
Road 27. This will be an unmanned facility.
Mr. Whitnack explained the pipelines are proposed to enter the facility from the west. Once onsite the gas
is compressed to high pressure,gets treated, has water and some contaminants removed. It is filtered and
dehydrated and will leave the facility to the north toward the Pierce Processing Plant. Mr. Whitnack said
no condensate storage will be onsite. They plan on pumping the condensate into the discharge line of the
facility and moved to the Pierce Processing Plant.
Ms. Johnson shared three visual simulations from County Road 27 looking east across the proposed
access, from County Road 64 looking directly south, and from County Road 29 looking northwest.
Andrew Truitt, 9536 East 1-25 Frontage Road, Longmont, Colorado. Mr. Truitt stated he is a Senior
Engineer for Behrens and Associates, Environmental Noise Control. He explained he has been contracted
to provide acoustical engineering support for this project. Mr. Truitt shared sound measurement results
and said noise standards are in full compliance with Weld County Code.
Chair Wailes asked Mr. Truitt if his modeling takes into account the future landscaping plans. Mr. Truitt
answered that they include as-built and proposed topography.
Commissioner Ford asked if the measurement of 115 dBA was for each compressor engine or a combined
measurement of all the compressor engines. Mr.Truett answered that 115 dBA is per engine. He explained
that the compressor buildings that contain the engines create an acoustical shield.
Commissioner Holland asked Mr. Truett how the design and detail of the noise study is monitored. Mr.
Truitt explained they work closely with RimRock to make sure the equipment is engineered to meet the
noise standards. Mr. Holland asked Mr. Truett if their company returns to the site after it is in operation to
verify the noise levels are correct and if the noise study report requires the signature and stamp of a
professional engineer. Mr. Truitt responded that the only state that requires the signature and stamp of a
professional engineer is Oregon, it is not required in Colorado. Mr. Holland asked who is responsible for
making sure the noise levels are in compliance. Mr. Truitt explained Environmental Health would take
action by following the County Code.
Commissioner Beck asked Mr. Truett if they are contracted to come back after the facility is built to make
sure the noise levels are in compliance. Mr. Truitt answered that they were not at this point in time.
Craig Whitnack spoke about the safety of the site. The facility will be designed to be safe,secure and meet
all federal and state requirements. He shared that they take pride in community involvement.
Ms.Johnson explained that the facility will meet all the conditionals of approval and requested a favorable
vote.
Commissioner Holland expressed concern about the discharge/drainage from the site. Mr. Pinkham
ensured him that the applicant will need to meet all drainage requirements.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jane and Ted Cluett, 40928 County Road 27, Ault, Colorado. Ms. Cluett said they are the neighbors
immediately adjacent to the facility. She said they live on a 10-acre farm along with her daughter and her
family. They are concerned about the effects on their family home and farm. Ms. Cluett has concerns
about the property value, roads, dust, lights, noise and road access. She said she has mixed emotions
because she wants them to have their facility but just doesn't want it in her backyard. Mr. Cluett said he
hopes that Rim Rock will mitigate the road access and keep road dust at a minimum. He said they want to
be good neighbors, they want to continue to be able to enjoy seeing the stars and keep the tranquility.
Ms.Johnson explained that the applicant has agreed to adhere to the International Dark Skies Association's
lighting plans and specifications. The facility will not use lighting except in case of an emergency. All
lighting is at a 90-degree angle. Ms. Johnson explained they have been working with Public Works to find
the best access for the road. She said the road will be watered when there are dust issues.
Chair Wailes asked Environmental Health how a noise violation would be handled. Mr. Frissell explained
Environmental Heath would receive a complaint, then they would send out a representative from the office
to take noise measurements. If Environmental Health deemed the noise to be in excess,they would work
with the applicant and Planning staff to mitigate until the facility is in compliance. Mr. Frissell said if they
continued to receive complaints, they would work with the Planning staff to bring the issue in front of the
Board of County Commissioners. Mr. Ogle stated if the applicant elects not to bring the property into
compliance,a Probable-Cause Show-Cause hearing would go before the Board of County Commissioners.
One of the options would be to revoke the permit.
Commissioner Ford discussed his concerned that the noise levels are never measured after the facility is
built and he feels County staff should make sure noise requirements are met. Commissioner Beck said it
was his opinion that the developer is responsible to measure the noise levels, not County staff.
Commissioner Johnson said he feels the development standards should be written to require the developer
to measure noise after the facility is built.
Ms. Johnson said that RimRock will do voluntary noise testing after the facility is built. She said that
RimRock wants their facility to be in compliance as well.
Commissioner Cope asked how close the neighbors are to the facility. Ms. Johnson said measuring from
the southern boundary of the Cluett's property to the facility is 1500 feet. The proposed road is 150 feet
from the southern boundary of the Cluett's property.
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.
Motion: Forward Case USR18-0090 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 Bruce Johnson, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes=7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes,Richard Beck,Skip Holland,Tom Cope.
Absent: Elijah Hatch, Gene Stille.
Commissioner Johnson said he agreed with the staffs recommendations.
Commissioner Beck recommended that Staff change development standards to require the developer to
test noise levels after completion on their facility. Commission Ford and Commissioner Holland agreed
with Commissioner Beck's comment.
Commissioner Johnson said he hopes the applicant will mitigate with the Cluett's and water the roads if
there are dust issues.
The Chair called a recess at 2:50 p.m. and reconvened the hearing at 3:07 p.m.
CASE NUMBER: USR18-0089
APPLICANT: BARRON-MELENDEZ REAL ESTATE VENTURES LLC,CIO B&M CONCRETE,
INC.
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A HOME BUSINESS (PARKING OF VEHICLES ASSOCIATED
WITH A CONCRETE BUSINESS)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT 2 LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3,
SECTION 19, VACATION & REPLAT LOTS 1 THRU 8, BEING PART OF THE
NW4 OF SECTION 19, T2N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
LOCATION: EAST OF AND ADJACENT TO CR 25 AND APPROXIMATELY 3,900 FEET
NORTH OF CR 18.
Chris Gathman, Planning Services, presented Case USR18-0089, reading the recommendation and
comments into the record. Staff stated that this application had been submitted in response to a zoning
violation (ZCV18-0078). 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 and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan.
Marguerita Melendez Barron and Hugo Barron Sierra, 8804 County Road 25, Fort Lupton, Colorado. Ms.
Barron explained that they have a construction company and would like to park six company vehicles on
the property. They will store four trucks in a building and two outside in a fenced area. Ms. Barron said the
extra vehicles that were stored on the property have been removed from the site.
Commissioner Cope asked the applicant if the person living on the property is part owner of the business.
Ms. Barron replied yes; he is her husband's brother.
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.
Motion: Forward Case USR18-0089 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 Bruce Johnson.
Commissioner Cope said he agreed with staff comments and feels the applicant meets all the criteria for a
home business. Commissioner Johnson agreed with Commissioner Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes=7).
Yes: Bruce Johnson,Bruce Sparrow,Lonnie Ford,Michael Wailes,Richard Beck,Skip Holland,Tom Cope.
Absent: Elijah Hatch, Gene Stille.
CASE NUMBER: USR18-0061
APPLICANT: ELEVATION MIDSTREAM,LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY(CENTRAL
GATHERING FACILITY TO RECEIVE PRODUCED WATER, OIL AND GAS
ALONG WITH A COMPRESSOR STATION FACILITY) IN THE A
(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-1306; PART NE4 SECTION 30, -11 N, R67W OF THE
6TH P.M.,WELD COUNTY,COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 6 AND WEST OF AND ADJACENT TO CR
15.
Chris Gathman, Planning Services, presented Case USR18-0061, reading the recommendation and
comments into the record. Staff received two phone calls and two letters from surrounding property owners.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards. This facility is proposed to be served by a substation and
transmission line connection.This is being applied for under a separate non-1041 USR(USR18-0109)that
is scheduled to be heard by the Planning Commission on 12/4/2018.
Commissioner Johnson asked if what was coming in was going to be by pipeline rather than truck. Mr.
Gathman said the facility will connect to a 12-inch oil pipeline, a 24-inch low pressure natural gas pipeline
and a 6-inch waste water pipeline.
Commissioner Cope abstained from the case because he has been involved with the project.
Evan Pinkham, Public Works, reported on the existing traffic,access to the site and 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. Environmental Health is requesting that Condition of Approval
7.B. be removed because the applicant has provided a commercial well permit.
Matthew Eyser, Director of Engineering with Elevation Midstream, 370 17th Street Suite 5300, Denver,
Colorado. Mr. Eyser said the facility is a closed-loop central gathering facility where all products are piped
into and out of the facility with minimal oil or water haul trucks. Elevation Midstream focuses on safety,
emissions, noise, light, visual, traffic and dust. Mr. Eyser explained that the control room and compressor
building are designed to look like agriculture buildings to blend with the area. Electric compression and
equipment will be used to reduce noise and emissions. Trees and berms are planned as landscaping next
to the tanks.
Andrew Truitt, 9536 East 1-25 Frontage Road, Longmont, Colorado. Mr. Truitt stated he is a Senior
Engineer for Behrens and Associates, Environmental Noise Control. He explained he has been contracted
to provide acoustical engineering support for this project. Mr.Truitt shared sound measurement results for
modeling scenarios and said noise standards will be in compliance with Weld County Code.
Commissioner Ford asked Mr. Truitt how they will handle the situation of the ambient noise levels being
above the Weld County Noise Limit. Mr. Truitt explained that Weld County does not have a specific
allowance for ambient noise levels so if the elevations were so inclined, they could pursue a variance or
provide a formal acknowledgement that the code limits are already exceeded with the consequence that is
there.
Matthew Eyser explained the truck route planned for construction will be on paved roads. Mr. Eyser said
they plan to mitigate dust issues. Mr. Eyser shared a visual presentation of how the views will look driving
by the facility.
Commissioner Holland asked Mr. Eyser if there are any security or safety requirements imposed by either
the State or Federal Government on a facility like this. Mr. Eyser answered that there is not for security but
there is for safety. Since the facility is a Process Safety Management facility it must comply with OSHA.
The site is manned 24/7, there are security fences around the property, cameras are recording and being
monitored remotely. Commissioner Holland asked if any explosive chemicals used on the site. Mr. Eyser
replied oil is flammable but nothing explosive is used on site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Hazel and Larry Frank, 1596 County Road 15, Brighton, Colorado. Ms. Frank handed Assistant County
Attorney Choate and the Planning Commission a handout showing views from their property. Ms. Frank
is upset that a compressor station, central gathering facility and electric substation will be across the road
from their home. She said she does not feel this is compatible with their neighborhood and the rural area.
Ms. Frank stated that she doesn't have an issue with the central gathering facility; Her issue is with the
substation because it has been relocated on the plans closer to their home and it has quadrupled in size.
Ms. Frank said Elevation Midstream has been good to work with and have been trying to mitigate. She
said they appreciate that the buildings will look like farm buildings. She said she would like the Planning
Commission to require a wall and trees to help mitigation measures to soften the look. Ms. Frank also
wants a berm on the east side of the compressor station. She said she would like the noise measured after
both Phase 1 and Phase 2 are completed. Mr. Frank said they went to a power station in Erie and there
was a stone wall that blocked the noise. He said that kind of a wall really worked and would like to see this
kind of wall put around this facility. She is concerned about the effect of this on her property value and
requested that the County please not Mag Chloride County Road 15.
Bill Wycoff, 333 County Road 17, Colorado. Mr. Wycoff said the change from Agriculture zoning to 1-3
Industrial zoning is a major change. He does not feel it is compatible with the surrounding area. There are
some industrial sites a mile west and Mr. Wycoff feels this facility would work better in that area. He said
this gives a negative impact on surrounding property values. Mr. Wycoff shared his concern about
hazardous air pollution including benzene. He is concerned about benzene settling into the floodplain area.
Mr. Wycoff is concerned about safety and would like to know if there are evacuation plans for the area in
case of an emergency.
Mr. Eyser addressed the concern about air quality. He said that they always permit for the worst-case
scenario. Mr. Eyser explained that the benzene will be captured and put back into the gas stream.
Chair Wailes asked about the substation. Mr. Eyser explained the substation is a separate USR.
Commissioner Johnson asked the applicant if they would consider an alternative site in an industrial area.
Mr. Eyser explained there are a lot of pipelines already in the ground in that area.
Chair Wailes asked Mr. Eyser about cooling the compressor by having doors open. Mr. Eyser explained
they will have roll-up doors for equipment access into the compressor building. The buildings are insulated.
Commissioner Beck asked the applicant how often the doors will be open. Mr. Eyser replied that it is based
per machine (after the machine runs about 1,500 hours) which is approximately once a year. The door
would be open for approximately 8—12 hours for maintenance
Commissioner Holland said he had a few questions relative to the air quality issue. He asked what the
monitoring and recording requirements are at operating facility. Mr. Eyser explained that per the CDPHE,
they are required to have meters at all combustion units and they have to pull total data for a mass balance
making sure there are no leaks.They have FLIR cameras looking at all connection points such as flanges,
bolts,etc... Commissioner Holland asked Mr. Eyser if there is a penalty if there is failure on the equipment.
Mr. Eyser said he did not know. Commissioner Holland asked the applicant if they have looked at
alternative sites that would be in a more compatible area. Mr. Eyser said they did. They found this property
was close to other industrial areas such as the cement plant and proposed USR for truck parking and
storage lots. Mr. Eyser said this particular property was the largest, contiguous piece of property they could
find that would fit their project. Commissioner Holland asked Mr. Eyser if they have thought about
excavating the property and lowering the site to help with visual and sound issues. Mr. Eyser explained
they have discussed this option with the Franks and they have concluded it will be better to leave it as it is.
Commissioner Johnson said he thinks this location makes less of an impact then it could somewhere else
because there are not many homes in the area.
Motion: Remove Condition of Approval 7.B. per staff request. Moved by Bruce Sparrow, Seconded by
Bruce Johnson. Motion passed unanimously.
The applicant said he has questions about the Improvement and Road Maintenance Agreement and the
requirements. Mr. Pinkham responded the agreements are mainly for the construction period and would
involve any road maintenance or damage to County Roads. Outside Council for Elevation Midstream had
more questions about the Impact Study. Assistant County Attorney Choate recommended outside council
bring this up in front of the Board of County Commissioners since Improvement Agreements go before
them. Mr. Pinkham told the outside council for Elevation Midstream that he would be happy to supply them
with a draft agreement for their review.
The Chair asked the applicant if they have read through the Development Standards and the amended
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case USR18-0061 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 Johnson, Seconded by Skip Holland.
Commissioner Johnson stated he agrees with staff recommendation. He feels the company did an
excellent job of mitigation and making their site compatible with the area.
Vote: Motion carried by unanimous roll call vote (summary: Yes= 6).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland.
Absent: Elijah Hatch, Gene Stille, Tom Cope.
Chair Wailes commended the neighbors for their involvement in the project and for the mitigation between
them and Elevation Midstream.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
Meeting adjourned at 5:19 p.m.
Respectfully submitted,
Michelle Wall
Secretary
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