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Home My WebLink About20171730.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 16, 2017 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, Bruce Sparrow, at 12:30 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Joyce Smock, Terry Cross, Tom Cope. Absent: Michael Wailes and Jordan Jemiola. Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano, Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Janet Lundquist and Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the May 2, 2017 Weld County Planning Commission minutes, Moved by Terry Cross, Seconded by Tom Cope. Motion passed unanimously. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0018 R 17-0018 HAROLD & LINDA AMERIN, JR. KIM OGLE 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 (OUTSIDE RECREATIONAL VEHICLE, BOAT AND WATER CRAFT PARKING, STORAGE AND STAGING), 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. W1/3S2 SECTION 3, T1N, R67W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO CR 12 SECTION LINE AND EAST OF AND ADJACENT TO CR 19. ID` Kim Ogle, Planning Services, presented Case USR17-0018, stating that staff received a written request from the applicants to continue this case indefinitely as the applicant did not complete the 30 day mineral notice requirement. The Chair asked if there was anyone in the audience who wished to speak for or against the continuation of this application. No one wished to speak. Motion: Continue Case USR17-0018 indefinitely, Moved by Bruce Johnson, Seconded by Tom Cope. Motion carried unanimously. Jordan Jemiola entered the meeting at 12:33 pm. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: COZ17-0004 HILL INDUSTRIES, LLC CHRIS GATHMAN CHANGE OF ZONE FROM THE 1-3 (INDUSTRIAL) ZONE DISTRICT TO THE C- 3 (BUSINESS COMMERCIAL) ZONE DISTRICT. LOT B REC EXEMPT RE -158; PART OF LOT 3 & LOT 4 NE4SW4 SECTION 4, T5N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO. NORTH OF AND ADJACENT TO E. 8TH STREET (HIGHWAY 263) AND APPROXIMATELY 2,300 FEET EAST OF STATE HIGHWAY 85. 1 2017-1730 ID' Chris Gathman, Planning Services, presented Case COZ17-0004, 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. M` Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on the drainage conditions for the site. I" Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on - site dust control, and the Waste Handling Plan. 11`' Bryant Gimlin, Hill Industries, 555 East 8th Street, Greeley, Colorado stated that throughout the years there have been three different companies that have combined into one company. He added that there is a property line that goes through a common use and they are trying to make the zoning consistent with both sides of the property. Mr. Gimlin stated that water and sewer are provided by the City of Greeley. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Di" Ms. Light noted that the Plat Note Item 2.D should be amended to read "Water service may be obtained from the City of Greeley" as the applicant stated they are received their water from Greeley. The Chair asked if the Planning Commission agreed with the change. The Planning Commission had agreed to the change. The Chair asked the applicant if they have read through the Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. I'` Motion: Forward Case COZ17-0004 to the Board of County Commissioners along with the Conditions of Approval with the Planning Commission's recommendation of approval, Moved by Joyce Smock, Seconded by Cherilyn Barringer. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Joyce Smock, Terry Cross, Tom Cope. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: 5 MJ U S R 17-83-542 DCP OPERATING COMPANY, LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND 5TH AMENDED USE BY SPECIAL REVIEW PERMIT NO. USR-542 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY, AND THE ADDITION OF NEW GAS PROCESSING EQUIPMENT TO IMPROVE CAPACITY AND EFFICIENCY OF THE EXISTING PLANT AND ONE (1) UP TO ONE HUNDRED (100) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT. (DCP OPERATING COMPANY, LP - MEWBOURN GAS PLANT) LOT A AMENDED RE -591 AND LOT B CORRECTED RE -3203, ALL LOCATED IN PART SE4 SECTION 35, T4N, R66W OF THE 6TH P.M., WELD COUNTY COLORADO. NORTH OF AND ADJACENT TO CR 38, WEST OF AND ADJACENT TO CR 35. ID" Kim Ogle Planning Services, presented Case 5MJUSR17-83-542, reading the recommendation and comments into the record. Mr. Ogle noted that letters and telephone calls were received of inquiry and concern from surrounding property owners. Areas of concern identified were excessive speed, dust, compliance issues with the State of Colorado regarding air quality, and excessive noise. The Department 2 of Planning Services recommends approval of this application with the attached conditions of approval and development standards. ID` Evan Pinkham, Public Works, reported on the existing traffic and access to the site. Hayley Balzano, Engineering, reported on 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. Patrick Groom, 822 7th Street, Suite 760, Greeley, Colorado, stated that he represents the applicants, DCP Operating Company, LP. He stated that the applicants are requesting to amend their permit to handle increased natural gas production and in order to do that it requires an expansion of the existing facility. He added that another reason for the amendment to is to modernize the older equipment in the existing facility with electrified compressors and equipment and remove three (3) of the gas fired compressors. Mr. Groom stated that all of the noise producing equipment in the expansion area will be housed in insulated buildings which will further mitigate the noise effects from that equipment. He added that the applicants also intend to build a screen along the western side of the expansion area. Commissioner Stille asked what the decibel level is for the electrified compressors compared to gas compressors. Mr. Groom said that they didn't know the difference but was confident that it will not increase the existing level of noise. Commissioner Cope asked how many total compressors are on site. Mr. Groom said that there are additional compressors than the three (3) that are being replaced. He added that not all of them can be removed because of the compression requirements of the facility. Mr. Groom referred to Development Standard 5 and said that because of safety concerns DCP does not allow third party providers to access their towers out of concern that DCP's equipment would be damaged or tampered with. He added that the proposed tower is used to regulate the plant remotely and it is imperative that this equipment function properly. Mr. Groom said that DCP requires and requests that the towers be located on site in a secure area and that no third parties be allowed to co -locate on that site. Therefore, he requested that Development Standard 5 be removed. Motion: Delete Development Standard 5, Moved by Jordan Jemiola. The Chair asked Staff for their direction. Mr. Ogle stated that according to the Weld County Code we encourage co -location on all towers, unless it can be proven that the towers that are existing in the field now cannot support the equipment. In this case, the applicants are requesting to install a tower and Staff is asking for the ability for others to co -locate on that same tower. The motion was Seconded by Cherilyn Barringer. Commissioner Jemiola said that with an antenna like that and the nature of this oil and gas plant if someone would mess with a switch and they are unable to shut it down due to a tornado or flood he believes is a concern. He added that it is important to make sure that this tower to shut off the facility remotely should be left alone by trained professionals. Commissioner Johnson asked if there is an alternative to the communication and security and not having a tower on site as he understands that Staff has an issue with the tower. Mr. Groom said that he doesn't believe that Staff has an issue with the tower and understands that it is in the development standards as it is part of the Weld County Code. He added that DCP has erected other towers at other sites and those have been permitted. He said that DCP's communication structure is via those radio signals from site to site. He added that in order to change that, even if there is another option, it would require changing all of those facilities to some other communication system. DCP has found that this is the most effective, reliable way to monitor these locations remotely. 3 Bob Choate, County Attorney, referred to Section 23-4-830.C.4 which states that the proposed telecommunication antenna tower shall be designed and provide for co -location. The applicant may provide written justification evidence why co -location is not possible. The Chair called for the vote. Vote: Motion passed (summary: Yes = 7, No = 1, Abstain = 0). Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer, Gene Stille, Jordan Jemiola, Terry Cross, Tom Cope. No: Joyce Smock. ID' The Chair asked if there was anyone in the audience who wished to speak for or against this application. Terri and Don Dechant, 18488 CR 33, stated that they live adjacent to the property and already have a lot of noise pollution. They have concerns with the additional noise pollution and depreciation of their property value as it gets closer and closer to them. rD` Doug Tschudy, 16955 CR 33, Colorado, stated that where the current plant is today they can hear it from their house. He said that one of the reasons for the expansion was to help with noise however there was no data provided on the noise. With regard to the tower and security he said that there should be a plan for when there is a natural disaster. Mr. Tshudy said that the traffic is horrible where he lives. SD° Jill Lafferty, 18435 CR 33, stated that they were concerned that if an accident were to happen at this facility what kind of mitigation will happen. She said that they just had a property value assessment done and added that it came in much less than they anticipated and they only thing they can ascertain is that it is from this facility. She expressed concern regarding the noise and how close the expansion will be. Ms. Lafferty added that there has been an increase in traffic. Commissioner Barringer said that the plant is existing and asked Ms. Lafferty if she thought the expansion would decrease her property value more. Ms. Lafferty said it is hard to say but feels that if someone were to spend time out there and visit the property if they were to sell it they might have the same concerns with safety, noise and traffic and believes it could be a compromising situation for their value. ID" Gerald Johnson, 16274 CR 40, stated that he has lived there for 45 years. He submitted a petition to the Planning Commission with signatures of who are opposed to this amendment. Mr. Johnson said that this expansion will be closer to their properties. He said that the noise level is extremely loud and would like to see a third party do a noise evaluation. The Chair stated that the County can come and take readings of the noise. Mr. Johnson said that a 10 foot berm with Colorado Blue Spruce trees would be ideal to mitigate the view and the noise. Additionally, he asked what their disaster plan is. Di' Eric Ewing, 16974 CR 40, LaSalle, Colorado, provided some handouts for the Planning Commission. Mr. Ewing suggested changing the zone of the property to industrial to allow for a higher noise level and longer hours. Additionally, he suggested having a collaborative inclusive process with the landowners who are impacted and see what they can do to satisfy their concerns. He summarized the handouts he submitted from the EPA, Greeley Tribune article, and a printout from DCP's website on safety and reliability. Commissioner Jemiola asked if he has experienced any noise problems. Mr. Ewing replied yes and said that it is an industrial site. He is concerned with noise and air pollution. SP" Connie Nagel, 16311 CR 38, Platteville, Colorado, stated that her and her husband are medically retired and have lost their quality of life with this compressor plant. Her biggest concerns are the noise and the decrease in property values. Dennis Nagel said that he was concerned where the construction traffic was coming from as the last time it destroyed his home and submitted pictures as evidence. Mr. Nagel said that Paul Park, with DCP, had 4 promised them that they would put in windows or trees to help with noise but nothing was done. He added that they want to be compensated for the damage to their home. Rick Margheim, 18481 CR 35, stated that he is concerned with the continued noise. He said that they were promised that there would be no expansion to the west and the noise would be reduced after the second amendment to the permit. He said that he cannot hold a conversation with someone in his yard. The Chair called a recess at 2:02 pm and reconvened the hearing at 2:12 pm. ® Mr. Groom referred to the traffic increase. He said that during construction there will be increased traffic; however, these facilities, once they are in operation, are designed to minimize traffic because all the production is piped in and piped out. Mr. Groom referred to safety involving man power at the facility. DCP is not proposing to reduce the man power and added that there will be 10 employees. The reason for the radio tower is to add additional security that allows DCP to monitor production and any defects in the facility. The impact of this development will be to remove the three (3) original compressors that are adjacent to Mr. Margheim's property and it will be a positive impact. Mr. Groom added that they do not know what the decibel reduction will be; however, DCP welcomes the County or anyone to measure the noise levels at the facility if they feel that the noise limits are exceeded. Mr. Groom said that if there is a noise violation then DCP would address those violations. Mr. Groom referred to Mr. Nagel's comments regarding noise and said that DCP had offered to replace all of his windows; however, Mr. Nagel had refused. DCP had offered to place trees on his property and Mr. Nagel also refused as he stated he didn't have the water to water those trees. Mr. Groom said that DCP is prepared to work with the landowners; however, communication needs to work both ways. Mr. Groom added that prior to today there were two landowners who submitted letters to the County and DCP reached out to both of those landowners and they intend to reach out to everyone who spoke today to see if there is a way to address their concerns. Mr. Groom said that it would make more sense to expand the existing plant than to build a brand-new plant somewhere else. No matter where a plant is located it will impact someone. He added that it makes sense to lessen the footprint of that impact by expanding an existing facility. Commissioner Cross asked if all the new compressors will be electric. Mr. Groom replied yes and added that they will be contained in buildings. Commissioner Smock asked if the gas fired compressors on the site will be discontinued. Mr. Groom said that the gas fired compressors in the northern section will be replaced with electric compressors; however, there are some in the southern section of the property where the gas fired compressors will remain. Commissioner Cope asked if there were any noise complaints in any of the amendments to this USR. Mr. Ogle replied that they were not aware of any complaints. Mr. Frissell said that they were not aware of any complaints and added that he is researching if or when there were any complaints. Mr. Groom said that the compressors create noise and hopefully this amendment will reduce that noise. The flare has a siren that goes off when the gas is flares. By modernizing the facility, it is designed to reduce the number of times the flare goes off. Commissioner Cope asked how often in a month that flare would go off. Mr. Groom said that he doesn't have that information at this time but will have it for the Board of County Commissioner hearing. Mr. Groom said that CDPHE monitors the air quality at this facility. The State did determine that DCP was in violation in the past and DCP addressed that issue by putting in new equipment and changed some of the production processes. He said that there was a warning letter that was received in 2016 and added that it is actually a resolution letter. According to CDPHE Air Pollution Control Division that violation has been remedied. Mr. Groom stated that DCP takes those issues seriously and believes that they have addressed those issues. 5 Commissioner Smock asked if there are plans in the future to expand or amend their permit. Mr. Groom said that DCP has no expansion plans currently but cannot say if there won't be any modifications or expansions to the site in the future. Commissioner Barringer referred to the noise complaints and asked why DCP hasn't done a noise study. Mr. Groom said that DCP believes that it is in compliance with the noise standard. 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. I" Motion: Forward Case 5MJUSR17-83-542 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 Jordan Jemiola, Seconded by Bruce Johnson. Vote: Motion passed (summary: Yes = 5, No = 3, Abstain = 0). Yes: Bruce Johnson, Bruce Sparrow, Jordan Jemiola, Terry Cross, Tom Cope. No: Cherilyn Barringer, Gene Stille, Joyce Smock. Commissioner Stille cited Section 23-2-220.A.1-7 specifically regarding the health, safety and welfare of the surrounding landowners. Commissioner Johnson said that noise is always an issue in these situations. He reminded the audience to contact the Weld County Environmental Health Department to measure noise. Commissioner Cross believes that technology will help this matter by introducing the electrified compressors and surrounding them with a building. Commissioner Jemiola commended the applicants for installing the electric compressors inside of buildings as it is a great effort toward noise mitigation. He encouraged the applicants to reach out to the neighbors prior to the County Commissioner's hearing. Commissioner Smock cited Section 23-2-220.A.7 as it refers to the neighborhood and County. She feels that the applicants can do a better job of addressing the neighbor's concerns. Commissioner Sparrow encouraged the audience to get a noise reading prior to the County Commissioners hearing. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 2:50 pm. Respectfully submitted, �f`.�iatvu. 1a4na(esn. Kristine Ranslem Secretary 6 Hello