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Home My WebLink About20171597.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER APPLICANT PLANNER. REQUEST LEGAL DESCRIPTION LOCATION. 5MJUSR17-83-542 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 6''-' P.M . WELD COUNTY COLORADO, NORTH OF AND ADJACENT TO CR 38. WEST OF AND ADJACENT TO CR 35 be recommended favorably to the Board of County Commissioners for the following reasons. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-100 E. C.Goal 5 States Minimize the incompatibilities that occur between commercial uses and surrounding properties." The facility is a located on 127 +/- gross acre parcel and all equipment is fenced and gated and areas to the west and north are protected by a sound wall barrier to reduce plant noise. The proposed change will not result in a substantial adverse impact on the other property owners in the vicinity of the subject property. The uses which will be permitted will be compatible with the existing surrounding land uses. The surrounding properties are generally large parcel agricultural lots with single family residences. The proposed Development Standards address lighting. screening. noise standards, access and tracking control. The Department of Planning Services received one email from a property owner outside of the 500 foot notification area requesting information on the proposal and staff provided a response without any additional contact from the individual Staff also received a telephone call from an adjacent property owner to the northwest of the site seeking information on the amendment and location of the third gas plant. Aside from these inquiries, staff has not received any comments from the surrounding property owners regarding the proposed modification. 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. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Citing the Weld County Code, Section 23-3-40.A.2 provides for a Site Specific Development Plan and Special Review Permit for Mineral Resource Development facilities. Oil and Gas Support and Service, (Natural gas processing facilities with related equipment and structures) and Section 23-3-30.L for one (1) greater than seventy-foot in height communications tower in the A (Agricultural) Zone District. EXHIBIT In .5 D 6RSusQt7-vs-sS RESOLUTION 5MJUSR17-83-542 DCP OPERATING COMPANY, LP PAGE 2 C Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses The existing site is surrounded by native pasture land and agricultural fields_ The Platte Valley Canal is adjacent to the north property line. Two residences are in the immediate area One residence located to the east of the facility is approximately 363 feet from the DCP east property line adjacent to County Road 35 right-of-way and the second residence is approximately 382 feet from the north property line. There are other residences in the immediate area. with the second group being approximately 1300 feet to the west and approximately 1600 feet to the east. DCP is committed to mitigating potential off -site noise impacts and will erect a sound wall near all equipment on the north side of the gas plant. Once the expansion construction is completed, the disturbed area will be replanted with native grasses compliant with the Weld County seed mix requirements. 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 three (3) mile referral area of the Town of Gilcrest, The Town of Gilcrest did not return a referral response indicating a conflict with their interests. 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 in a floodplain, Geologic Hazard area or Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee. County Facility Fee and Drainage Impact Fee Programs. 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 existing facility and proposed gas plant expansion are located on approximately 86 acres of "Other Land" and approximately 41 acres of "Prime if they Become Irrigated Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. There is no irrigation water associated with the parcel and therefore the property owner will not be taking any prime agricultural land out of production. 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 This recommendation is based. in part, upon a review of the application materials submitted by the applicant. other relevant information regarding the request. and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following' 1. Prior to recording the USR map. A. 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 Planning Services -Engineer) B Prior to Recording the USR Map. the map shall be amended to delineate the following. • RESOLUTION 5MJUSR17-83-542 DCP OPERATING COMPANY. LP PAGE 3 1. All sheets of the map shall be labeled 5MJUSR17-83-542 (Department of Planning Services) 2. The attached Development Standards (Department of Planning Services) 3. The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. County Road 35 is a gravel road and is designated on the Weld County Road Classification Plan 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) 5. County Road 38 Section Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 6. Show and label the approved access point(s) (AP16-00466). and the appropriate turning radii on the site plan. (Department of Public Works) 7. The existing point on County Road 35 approximately 2400 feet North of CR 38 shall be gated and locked at all times except for seasonal maintenance. (Department of Public Works) 8. Show and label the section line Right -of -Way as "CR 38 Section Line Right of Way. not County maintained" (Department of Public Works) 9. Show and label the approved tracking control on the site plan. (Department of Public Works) 10. Show and label the entrance gate set back a minimum of 100 feet from edge of shoulder. (Department of Public Works) 11. Show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No - Build or Storage Area" and shall include the calculated volume. (Department of Planning Services -Engineer) 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 map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. 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 FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps©co.weld.co.us. (Department of Planning Services) RESOLUTION 5MJUSR17-83-542 DCP OPERATING COMPANY. LP PAGE 4 5. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Engineer) 6. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. 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 map 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) Motion seconded by Bruce Johnson. VOTE For Passage Bruce Johnson Bruce Sparrow Jordan Jemiola Terry Cross Tom Cope Against Passage Absent Cherilyn Barringer Joyce Smock Gene Stifle Michael Wailes 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 May 16, 2017. Dated the 16th of May. 2017 45\146611- ?KW -141)24,u Kristine Ranslem Secretary r SITE SPECIFIC DEVELOPMENT PLAN MAJOR AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP OPERATING COMPANY. LP 5MJUSR16-83-542 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, the addition of gas processing equipment 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), 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, 7 days a week, as stated by the applicant(s). (Department of Planning Services) 4. The number of employees is ten (10) as stated by the applicant(s). (Department of Planning Services) • 5. Co location o Services) of ler an ennas by o her service providers s be a owed. (Deaarfinen 0 anning 6. 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) 7. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 8. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 9. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust. fugitive particulate emissions. 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) 10. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 11. 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) 12. 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) 13 The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. (Department of Public Health and Environment) RESOLUTION 5MJUSR17-83-542 DCP OPERATING COMPANY LP PAGE 6 14. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C R.S. (Department of Public Health and Environment) 15. 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) 16. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 17. 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) 18. 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) 19. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site. (Department of Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 21. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15'' of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 22. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. 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) 23. 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) 24. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 25. Weld County is not responsible for the maintenance of onsite drainage features. (Department of Planning Services -Engineer) 26. The property owner shall control noxious weeds on the site. (Department of Public Works) 27. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 28. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 29. The existing point on County Road 35 approximately 2400 feet North of County Road 38 shall be gated and locked at all times except for seasonal maintenance. (Department of Public Works) RESOLUTION 5MJUSR17-83-542 DCP OPERATING COMPANY. LP PAGE 7 • • 30. 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 2014 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) 31. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning) 32. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Department of Planning) 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240. Weld County Code. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 35. 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. (Department of Planning Services) 36. The 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. (Department of Planning Services) 37. 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 Planning Services) 38. 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. 39. 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. RESOLUTION 5MJUSR17-83-542 DCP OPERATING COMPANY. LP PAGE 8 Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment: slow -moving farm vehicles on rural roads; dust from animal pens. field work, harvest and gravel roads: odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes: hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102. C.R.S.. provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches. lakes, or other structures. unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must. by necessity. be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety. but also for the protection of the farmer's livelihood. • SUMMARY 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. Jordan Jemiola entered the meeting at 12:33 pm. CASE NUMBER. APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION LOCATION. 5MJUSR17-83-542 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. 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 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 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 1 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. 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. 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. 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 2 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. 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. 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. 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. 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 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. 3 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. 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. 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. 4 • • • 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. Meeting adjourned at 2:50 pm. Respectfully submitted, -115\[ehn� ‘P)anaCein. Kristine Ranslem Secretary • 5 Hello