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Home My WebLink About20163264.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO 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: USR16-0031 APPLICANT: ALLIANCE INVESTMENT GROUP - FT. LUPTON. LLC, C/O 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. INCLUDING, BUT NOT LIMITED TO: A NATURAL GAS PROCESSING FACILITY FOR THE PROCESSING OF NATURAL GAS PRODUCTS, AND RELATED EQUIPMENT AND STRUCTURES. METERING EQUIPMENT FOR THE CUSTODY TRANSFER OF GAS, NATURAL GAS LIQUIDS (NGLS) AND CONDENSATE: TRANSLOADING. OUTDOOR EQUIPMENT AND MATERIALS STORAGE YARD AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: SE4 & E2SW4 SECTION 11. Ti N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 10; WEST OF AND ADJACENT TO CR 35 SECTION LINE. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the 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. Section 22-2-20. G.2. A.Policy 7.2 states "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region" The land that Discovery DJ Services, LLC is proposing to utilize for the gas processing plant is on dryland grasses that is located in a semi -rural area where there is a significant amount of oil and gas activity already occurring. Section 22-5-100. B.OG.Goal 2 states "Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land use." The proposed Discovery Gas Plant is located within a 20 acre area of land located in the northwest quadrant of a 243 acre parcel. To the east is the Buffalo Ridge Estates residential development, and there is limited residential development on Recorded Exemption parcels to the west. To the north is B.O.S.S. Compost (USR-1190) and to the south is the Kerr McGee OnShore LP, Duggan Compressor Station (2ndAmUSR-468) and microwave communication towers. Numerous well heads and tank batteries populate the south boundary line of this parcel and all new facilities are operated by Kerr-McGee, LP. New inbound pipelines. (USR- 16-0028) will bring the natural gas to the plant. process the gas and transfer the product to an outbound pipeline to market. While construction of the site will generate some impacts because of the extra activity and trips to the site, once the plant is constructed and fully operational limited truck traffic will be present from the facility. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. 42016) 3? -40(1 RESOLUTION USR16-0031 ALLIANCE INVESTMENT GROUP - FT LUPTON, LLC, O/O DISCOVERY DJ SERVICES. LLC PAGE 3 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 map: A. The applicant shall attempt to address the concerns of the Fort Lupton Fire Protection District, specific to the internal access width constructed of an all-weather surface capable of supporting emergency vehicles including fire apparatus within the facility as stated in their referral dated September 23, 2016. Written evidence of approval shall be submitted to the Department of Planning Services. (Fort Lupton Fire Protection District) B. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR16-0031 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. (Department of Planning Services) 5. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 6. The Lighting shall be shown on the map in accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 7. Setback radiuses for existing oil and gas tank batteries and wellheads, or plugged and abandoned wellheads, shall be indicated on the USR map per the setback requirements of 23-3-50.E of the Weld County Code. (Department of Planning Services) 8. All recorded easements and rights -of -way shall be delineated on the USR map by book and page number or reception number. (Department of Planning Services) 9. County Road 35 is a paved road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 10. County Road 35 Section Line is shown to have 30 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) 11. Show and label the section line Right -of -Way as "CR 35 Section Line Right of Way. not County maintained" (Department of Public Works) 12. County Road 10 is a gravel road and is designated on the Weld County Road Classification Plan as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. (Department of Planning Services) RESOLUTION USR16-0031 ALLIANCE INVESTMENT GROUP - FT LUPTON, LLC, C/O DISCOVERY DJ SERVICES LLC PAGE 5 Motion seconded by Bruce Johnson. VOTE: For Passage Bruce Johnson Bruce Sparrow Cherilyn Barringer Jordan Jemiola Joyce Smock Michael Wailes Terry Cross Gene Stifle Against Passage Absent Tom Cope The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 4. 2016. Dated the 4th of October, 2016 Digitally signed by Kristine Ranslem Date: 2016.10.07 07:49:26 -06'00' Kristine Ranslem Secretary RESOLUTION USR16-0031 ALLIANCE INVESTMENT GROUP - FT. LUPTON, LLC, 0/O DISCOVERY DJ SERVICES. LLC PAGE 7 13. 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 Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health and Environment) 14. A Spill Prevention, Control and Countermeasure Plan. prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and Environment) 15. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 16. 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) 17. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment) 18. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. (Department of Public Health and Environment) 19. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 20. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 21. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) 22. The property owner shall control noxious weeds on the site. (Department of Public Works) 23. 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) 24. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 25. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. (Department of Public Works) 26. For any hazardous chemical used or stored in the workplace, facilities must maintain safety data sheets [SDS] and submit the SDSs, or a list of chemicals, and the facility's annual inventory, to the State Emergency Response Commission, the Local Emergency Planning Committee and the Fire Protection District on or before March 15th of any given year. (Weld County Office of Emergency Management) 27. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) RESOLUTION USR16-0031 ALLIANCE INVESTMENT GROUP - FT. LUPTON, LLC. O/O DISCOVERY DJ SERVICES. LLC PAGE 9 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. PcrYrnnLcJes icIli i cio EXHIBIT 2 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEE r U5'110-0031 Tuesday, October 4, 2016 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 Stifle, Jordan Jemiola, Joyce Smock, Michael Wailes. Terry Cross. Absent: Tom Cope 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; Evan Pinkham, Public Works: Frank Haug, County Attorney, and Kris Ranslem, Secretary. Motion: Approve the September 20, 2016 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Bruce Johnson. Motion passed unanimously. CASE NUMBER: USR16-0031 APPLICANT: ALLIANCE INVESTMENT GROUP - FT. LUPTON, LLC, C/O 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, INCLUDING. BUT NOT LIMITED TO: A NATURAL GAS PROCESSING FACILITY FOR THE PROCESSING OF NATURAL GAS PRODUCTS, AND RELATED EQUIPMENT AND STRUCTURES, METERING EQUIPMENT FOR THE CUSTODY TRANSFER OF GAS. NATURAL GAS LIQUIDS (NGLS) AND CONDENSATE; TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS STORAGE YARD AND MORE THAN ONE CARGO (CONEX) CONTAINER IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: SE4 & E2SW4 SECTION 11. T1 N, R66W OF THE 6TH P.M., WELD COUNTY. COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 10; WEST OF AND ADJACENT TO CR 35 SECTION LINE. Kim Ogle, Planning Services, presented Case USR16-0031, 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. 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 Midstream Partners, stated that they are proposing a natural gas processing plant including gathering lines, compression and processing system for multiple producers. He said that a neighborhood meeting was held on June 7th with surrounding landowners and added that they felt they answered all their questions with this proposed project. Commissioner Smock asked what product is being trucked out. Mr. Jordan said that there is some condensate and water that will most likely be trucked out. He added that the water will go to a saltwater disposal well and the condensate will be further processed at another facility. 1 The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Motion: Amend Development Standard 4 to remove 365 days per year, Moved by Michael Wailes, Seconded by Jordan Jemiola. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR16-0031 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 carried by unanimous roll call vote (summary: Yes = 8). Yes: Bruce Johnson, Bruce Sparrow, Cherilyn Barringer. Gene Stille, Jordan Jemiola, Joyce Smock, Michael Wailes, Terry Cross. Meeting adjourned at 1:21 pm. Respectfully submitted, Digitally signed by Kristine Ranslem Date: 2016.10.07 07:37:54 -06'00' Kristine Ranslem Secretary 2 Hello