HomeMy WebLinkAbout20180310SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 19, 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, Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry Cross, Tom
Cope.
Absent: Bruce Johnson.
Also Present: Kim Ogle, Department of Planning Services; Hayley Balzano, Department of Planning
Services — Engineering Division; Ben Frissell, Department of Health; Evan Pinkham, Public Works;
Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the December 5, 2017 Weld County Planning Commission minutes, Moved by
Bruce Sparrow, Seconded by Michael Wailes. Motion passed unanimously.
CASE NUMBER: USR17-0058
APPLICANT: VICTORIA BELLAH & leif johnsen
PLANNER: Kim Ogle
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A
KENNEL (BREEDING, BOARDING AND TRAINING OF UP TO 100 DOGS)
AND ONe SINGLE FAMILY DWELLING UNIT PER LOT OTHER THAN
THOSE PERMITTED UNDER SECTION 23-3-20.A (SECOND SINGLE-
FAMILY DWELLING UNIT) IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION: LOT B RECX17-0018 being a ParT of the NE4 section 29, t4n, r64w of the 6th
P.M., Weld County, Colorado.
LOCATION: WEST OF AND ADJACENT TO CR 53; APPROXIMATELY 0.5 MILES SOUTH OF CR 42.
Kim Ogle, Planning Services, presented Case USR17-0058, 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 and access to the site. This request
will require an improvements agreement.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
((Y'1 rY1 Cl; C O1-* i O rN S
2018-0310
O ca• ci l
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements,
on -site dust control, and the Waste Handling Plan.
Victoria Bellah, 19567 CR 53, Kersey Colorado, stated that they breed and train French Bulldogs.
They hope to board French Bulldogs as well.
Commissioner Wailes referred to the application where it states that there will be no employees;
however, 100 dogs are a lot of dogs. Ms. Bellah said that her husband or herself or Joan Seda, who
lives in the second dwelling, are on site at all times.
Commissioner Sparrow asked if security is a problem with having these dogs. Ms. Bellah said that
they have alarm systems through out the property. She added that she is also a Longmont Detective
and her husband is a Brighton PD officer.
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 USR17-0058 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Tom Cope, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry Cross, Tom
Cope.
The Chair called a recess at 12:43 pm and reconvened the hearing at 12:52 pm.
CASE NUMBER: USR17-0059
APPLICANT: Discovery DJ Services, LLC
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and USE BY Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Cryogenic Natural
Gas Processing Facility; Transloading and more than one cargo container in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: LOT B RECX17-0168 BEING A PART OF THE SE4 & E2SW4 section 11, tin,
r66w of the 6th P.M., Weld County, Colorado.
LOCATION: NORTH OF AND AJACENT TO CR 10; WEST OF CR 35 SECTION LINE.
Kim Ogle, Planning Services, presented Case USR17-0059, reading the recommendation and
comments into the record. Mr. Ogle noted that 61 letters have been received for this application from
area residents, predominantly to the east of the site. Primary concerns raised are size of the facility,
pipelines coming into and from the facility, view to the west, property values, issues of noise and dust
concerns, and general expansion of the site. Mr. Ogle stated that the applications have provided a
cross section and photo simulation, lights turned off during night except for emergencies and social
media information will be established.
The Department of Planning Services, as a condition of approval, are requiring the following
documents to be submitted or evidence that the condition has been met. These documents include:
1. A Landscape and Screening Plan to mitigate visual impacts from adjacent property owners to
the east;
2.A photo -simulation, cross section or similar graphic to fully illustrate the proposed Landscape
and Screening Plans;
3.A Lighting Plan for the facility that shall require all lights to be turned off during nighttime hours,
except for walkways and as required for emergency maintenance, maintenance requiring
plant -wide shut down, and as other emergencies demand
4.A Communication Plan for information dissemination, notice of community meetings with area
property owners, and for on-line communication between the area property owners and the
gas plant operator;
5.A Noise Mitigation Plan addressing plant operations including noise associated with the gas
plant, and the development standards and will mitigate concerns with the surrounding land
uses.
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.
Commissioner Cope asked if the traffic count includes traffic from the Phase I Gas Plant. Mr. Pinkham
said he wasnt sure but that the applicant can clarify that.
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.
Cory Jordan, Discovery DJ Services, 7859 Walnut Hill, Dallas Texas, stated that Phase I was
approved previously and went into service in September. The 40 million a day cryogenic facility is
under construction and they hope for it to be in operation mid -January 2018.
The request for Phase II is due to demand of customer needs. The 243 acre site was chosen for its
proximity because of a third party compressor station south of the facility and a large industrial
composting facility on the north side of the facility. Additionally, there are some pipelines that run
along the subject property that they will connect to. He stated that Phase II will be confined to 54
acres.
Mr. Jordan said that they have a zero -incident safety record and no notice of violations. He reiterated
that safety is a top priority. He explained the procedures of their emergency plan and how the plant
will be shut down for any emergency incidents.
Andrew Truitt, (Noise Engineer) Behrens and Associates, 9536 East 1-25 Frontage Road,
Longmont Colorado, stated that they have been involved on this project for many months and several
noise studies have been completed. They began with an ambient sound level study to establish the
existing sounds of the natural area prior to any operations being conducted. They then did a noise
modeling study and the purpose of that is to be a predictive model based on the predicted impact on
Phase I operations as well as Phase II operations. Then there was an operational sound level study
conducted after Phase I was in operation. He provided a timeline and locations of all the sound
studies performed and the levels of each site conducted. He noted that the study was done in
accordance with the Weld County Noise Standards in Chapter 14, Article 9. Additionally, they used the
residential limits for the study based on the property line, daytime limits are 55 dba and nighttime limits
of 50 dba. He provided a list of the sound levels at each location. He noted that three of the four
locations were under the limit; however, location 4, which is located at the southwestern corner of the
facility near the existing third party operations, were out of compliance.
Mr. Truitt said that they are still conducting ongoing mitigation efforts and investigating any additional
mitigation options that can be reviewed. He added that they are conducting studies to access the
effectiveness of those mitigation efforts.
Commissioner Wailes referred back to February when the noise levels were taken and asked if noise
travels when it is colder. He asked if there are any factors to temperature. Mr. Truitt said that cold
weather will create a heavy, dense layer that will reflect sound and it tends to direct sound downward
towards the lower temperature gradient. He said that they look at wind speed and added that anything
over 12 mph would not be taken into consideration.
Commissioner Cope asked if the Phase I Gas Plant is in full operation today. Cory Kline, Director of
Operations, 3601 Stagecoach Road, Longmont, Colorado said that during this timeline Phase 1 was
operational; however not every single piece of equipment was operational. He added that
approximately two-thirds of the site were operational. Mr. Cope asked if the sound study performed is
relatively representative of the site in full operation. Mr. Truitt replied yes.
Commission Stille asked if studies from adjacent properties were conducted. Mr. Truitt said that sound
will decrease with distance. He said that the purpose of this study would be to assess the strictest
compliance point that they would perceive, which is at the eastern property line. Therefore, that was
the focus of all of these studies.
Commissioner Ford referred to the insulation in the buildings to mitigate noise and asked if they took
the frequency into account when selecting that insulation. He added that frequency does matter to
what people hear. Mr. Truitt said that the nature of the study does not take into account frequency
content. He said that the material performance of those buildings were taken into account for the
modeling.
Mr. Jordan provided an explanation of the proposed lighting on site.
Mr. Jordan said that they have worked with the Buffalo Ridge HOA and other neighbors to help control
traffic through the neighborhood. He said that a 24/7 security guard will be on site to ensure that no
one is going into the neighborhood and to watch the plant. They have had meetings with their
contractors and notified them that if they are found driving through neighborhoods they will be
terminated. Mr. Jordan said that after Phase I was approved and under operation, they have had
multiple follow-up meetings with the neighborhood.
Matthew Bossier, Kimley Horn, 4582 South Olster Street, Denver, Colorado, stated that he is a
Landscape Architect. They were hired to develop a visual mitigation plan in the form of landscape
enhancement. He provided simulation views from several points within the subdivision. He also
provided an explanation of the proposed landscape. He added that there are three different types of
treatments proposed: 1) high density, 2) medium density, and 3) low density. Depending upon how
intense the views are towards taller or less tall structures they are being sensitive to only apply
landscape enhancement that is appropriate for interception of views but not completely blocking views
of the Rocky Mountains.
Commissioner Wailes asked if the renderings shown are showing full maturity of the landscape. Mr.
Bossier said that the renderings are showing full maturity; however, they would be installed at 75%
maturity. Mr. Wailes asked for length of time of full maturity. Mr. Bossier said that the several of the
species selected are on the faster end of growth and the others are in the moderate part of growth. He
added that full maturity might be up to 15 years in the future. He added that their landscape
enhancements include some immediate impact items, such as berms, shrubs and taller statured native
grasses.
Commissioner Wailes asked how the landscaping will work with sound mitigation. Mr. Truitt said that
the landscaping was not modeled in the sound studies but that he would anticipate that the sound
would decrease with the proposed landscaping.
Commissioner Sparrow asked what where the water wi►l come from for the landscaping. Mr. Bossier
said that at this time they have not yet located the irrigation; however, they understand that there are
several available sources of water. Mr. Sparrow indicated that Fox Hill Aquifer will not support the
growth of evergreens because there is a lot of sodium in the water.
Commissioner Ford asked if there are other tall structures such as power lines. Mr. Bossier said that
there is an existing electric transmission line and a communications tower to the left of most of the
views.
Mr. Jordan concluded the presentation with statistics of the oil and gas industry. Mr. Jordan
answered questions on how the cryogenic facility works and separates the liquids from the gas.
The Chair called a recess at 2:23 pm and reconvened the hearing at 2:40 pm.
The Chair asked if there was anyone in the audience who wished to speak for or against this
application.
Edward Engle, 4233 Falcon Drive, said that they have had several meetings with Discovery DJ
Services regarding safety. Mr. Engle referred to the application and read a statement "Required or
recommended responses for Buffalo Ridge Residents is a responsibility of the Local Emergency
Planning Commission (LEPC), along with the Fire Department having jurisdiction." He stated that he
has talked with the Fire Chief and they told him that the Fire District doesnt do any warning but just
responds to an emergency. He asked who the Local Emergency Planning Commission is.
Mr. Engle asked if there is a report on the number of accidents at Highway 52 and County Road 35.
Mr. Pinkham said he would research that information.
Mr. Engle said the noise is not that loud but it is a continual noise and is annoying. The dust is also a
continual problem and provided pictures of the dust issues. He suggested placing a berm to help with
the noise and views. He asked what water they will be using because he understands that they will be
using augmentation water and they are not allowed to do that.
Dawn Pettinger, 17120 Falcon Drive, Ft. Lupton, Colorado, said that there are too many
unanswered questions of what Phase II will look like. The landscaping plan is not available in a 3D
model. She said that there is no well water available for irrigation and their current permit doesnt allow
for a well. She expressed concern of property values as an appraiser told them that their property
values would decrease 20-30 percent living next to these types of facilities. She believes that there
needs to be a restriction that there will be no Phase III project.
Darren Swink, 4133 Falcon Drive, said that the majority of people speaking today live next to the
property line and are the most impacted. He believes the applicants have done a good job of trying to
adhere to what their neighborhood is looking at, but they feel this gas plant is in the wrong location. He
hopes that with Phase 2 they will look a half mile north or half mile south to locate. He asked that
when developing the landscaping that the applicant talk to them about their suggestions.
Commissioner Ford referred to pictures provided of the site and mentioned that the flare tower
appears to be the same size as the transmission towers and telecommunication tower. Mr. Swink said
that it is just not the flare tower, but the long, low elevation of the whole plant.
Rory Pettinger, 17120 Falcon Drive, Ft. Lupton, Colorado, provided some pictures of the view of
his backyard of the Phase I Gas Plant and additional pictures of a 3D model of what the Phase I Gas
Plant will look like. He expressed concern with decrease in property values.
Walter Pugliese, 17150 Eagle Street, said that since the operation of the gas plant there has been
no wildlife in their neighborhood. He added that the noise of the gas plant is a continual noise and
there is a harmonic vibration that rattles his home.
Adam Olson, 17050 Eagle Street, said that they moved to the house 1 1/2 years ago and six (6)
months later they started construction of the gas plant. The country life they dreamt of has gone and
the noise is loud enough that at night he operates a fan to drown out the noise from the gas plant. He
said that prior to construction they had a good view of the mountains but now there is a large chunk
has been obscured. He expressed concern regarding the value of their home as their home has been
on the market since October and have received no offers.
Charlene Michel, 4561 Meadowlark Road, Ft. Lupton, echoed the concerns of her neighbors. She
said she home schools her nine (9) kids. She doesnt know the balance but said it is too close to
residences.
Mr. Jordan referred to the decrease in the property values and although he understands their
concerns, it is not substantiated and not factual. Regarding site location, they needed a large acreage
and looked at areas in proximity; however, they were not for sale. This location was the only site in the
area that worked with the pipelines and getting power to the plant. He added that they moved their
facilities to the far corner to stay as far away as they could from the neighborhood.
Mr. Jordan said that they will continue to meet with the neighbors to mitigate their concerns. He added
that they dont believe that all the noise issues may be coming from only them.
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.
D. Motion: Forward Case USR17-0059 to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commissions recommendation
of approval, Moved by Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Terry Cross.
No: Tom Cope.
Commissioner Cope understands the buffer area; however, in his opinion there is so much residential
housing in that area and doesnt know that it is a great spot for an industrial type facility. He added that
siting is difficult and there are no good places for it. He is concerned that this may be too close to that
many houses for this type of industrial site.
Commissioner Sparrow said that this is tough and he tends to think about what if this facility was next
to him. He stated that he owned a piece of property and the power company put a substation on it and
not many neighbors were happy about that but a few years later they told him that they dont notice it
anymore. He said that a landowner has a right to use his property to his benefit and if not this then
what could be there, an RV storage facility or a feedlot or a dairy that they wouldnt like.
Commissioner Stille said that where he lives there is a large dairy that has odor, obstructs the view of
the mountains, dust, and noise from the oil and gas compressors on site and he sympathizes with the
neighbors.
Commissioner Jemiola said that development throughout the County is always changing and
agricultural areas are known for agriculture, oil and gas production and mineral extraction. He said
that the applicant has demonstrated that he is more than willing to work with the neighbors and put in
some serious investment in screening.
Commissioner Cross said that the applicant is working really hard to accommodate their neighbors.
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 3:48 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
Hello