HomeMy WebLinkAbout20142508.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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: USR14-0019
APPLICANT: ANADARKO E&P COMPANY LP
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES(COMPRESSOR STATION
FOR NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING, BUT
LIMITED TO, EIGHT (8) COMPRESSORS, VAPOR RECOVERY UNITS,
SEPARATORS, DEHYDRATORS, STORAGE TANKS,AND ONE (1) SEVENTY-
FOOT IN HEIGHT COMMUNICATION TOWER) IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3668; PART NW4 SECTION 35, T3N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28;WEST OF AND ADJACENT TO CR 21.5.
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 22-5-100.A - OG.Goal 1. states, "Promote the reasonable and orderly exploration
and development of oil and gas mineral resources"and Section 22-2-80 D-I.Goal 4. states,
"All new industrial development should pay its own way."
The applicant, Kerr-McGee,will be paying for all on-site and offsite improvements associated
with this use as required through the improvements agreement.
Section 22-6-20.C.1 - ECON.Policy 3.1. states, "County activities and regulation should
protect the rights of private property owners and the public health, safety and welfare,
recognizing that these basic rights and protections allow the free market to prosper and grow
the local economy."
The applicant is proposing a natural gas compressor station with signage, lighting, and
fencing. The hours of operation are proposed to be 24 hours a day/7-days a week.
The application materials include a Lighting Plan. Staff is requiring a Noise Abatement Plan
and a Landscape Plan.Adherence to these two plans along with the attached Development
Standards and Conditions of Approval for this proposal will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses.
B. Section 23-2-220.A.2. --The proposed use is consistent with the intent of the A(Agricultural)
Zone District Section 23-3-40.A.2 which allows for a Site Specific Development Plan and Use
By Special Review Permit for Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities(compressor station for natural gas and all related equipment,
including, but not limited to, eight (8) compressors, vapor recovery units, separators,
dehydrators, storage tanks, and one(1)seventy-foot in height communication tower)in the A
(Agricultural) Zone District.
EXHIBIT
C. Section 23-2-220.A.3--The uses which will be permitted will be corn. t
surrounding land uses. s
RESOLUTION USR14-0019
A4O4'OO161
e4J 91. 1'x-38
ANADARKO E&P COMPANY LP
PAGE 2
The adjacent properties are mainly utilized for pastures, crops, and rural residences. The
closest residence is approximately 40 feet north of the site.
There are three(3) USRs located within one mile of this parcel. USR-1513 for a recreational
facility is located northwest of the site. USR-1063 for a 24"gas line is located one-half mile
west of the site and Amended USR-626 for a bird hunting operation is located northeast of
the site.The Weld County Department of Planning Services has received one phone call with
concerns about the noise created by the compressors. The applicant held a neighborhood
meeting on June 18th, 2014 at the Platteville Community Center.
The application materials include a Lighting Plan. Staff is requiring a Noise Abatement Plan
and a Landscape Plan.Adherence to these two plans along with the attached Development
Standards and Conditions of Approval for this proposal will assist in mitigating the impacts of
the facility on the adjacent properties and ensure compatibility with surrounding land uses.
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 Towns of Platteville and Firestone.
The Town of Platteville's referral dated May 27, 2014 indicated no concerns. The Town of
Firestone did not respond with any referral comments.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld
County Code. The existing site is within the County-Wide Road Impact Fee Area and the
Capital Expansion Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure of
the County Facility Fee and Drainage Impact Fee Programs.
F. 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 proposed facility is located on approximately 77 acres of"Prime(Irrigated)"per the 1979
Soil Conservation Service Important Farmlands of Weld County Map. This USR will take
approximately 77 acres of"Prime (Irrigated)"farmland 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 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 Commiission recommendation for approval is conditional upon the following:
RESOLUTION USR14-0019
ANADARKO E&P COMPANY LP
PAGE 3
1. Prior to recording the plat:
A. The applicant shall submit a Landscaping/Screening Plan to the Department of Planning Services
for review and approval. (Department of Planning Services)
B. The applicant shall submit a Noise Abatement Plan to the Department of Planning Services for
Review and approval. (Department of Planning Services)
C. The property owner or operator shall provide written evidence of an Emergency Action and Safety
Plan on or before March 1 of any given year, signed by representatives of the Fire District and the
Weld County Office of Emergency Management, to the Department of Planning Services.
(Department of Planning Services)
D. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR14-0019. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department of
Planning Services)
4) The plat shall delineate the trash collection areas. Section 23-3-350.H of the Weld County
Code addresses the issue of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being scattered by wind
or animals. (Department of Planning Services)
5) The approved Lighting Plan, as shown on the plat. (Department of Planning Services)
6) The approved Landscape/Screening Plan. (Department of Planning Services)
7) The approved Signage Plan, as shown on the plat. (Department of Planning Services)
8) County Roads 21.5 and 28 are designated on the Weld County Road Classification Plan as
paved collector roads,which require 80 feet of right-of-way at full build out.There is presently
60 feet of right-of-way.An additional 10 feet shall be delineated on the plat as future right-of-
way.All setbacks shall be measured from the edge of future right-of-way.The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be verified, it shall be
dedicated. This road is maintained by Weld County. (Department of Planning Services-
Engineer)
9) Show the approved access on the plat and label with the approved access permit number
(will be provided). (Department of Planning Services-Engineer)
10) Show standard tracking control on the plat. (Department of Planning Services-Engineer)
2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies
or one(1)electronic copy(.pdf)of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat 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)
RESOLUTION USR14-0019
ANADARKO E&P COMPANY LP
PAGE 4
3. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012, should the plat
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 CAD formats are.dwg, .dxf,and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us. (Department of Planning Services)
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)
B. Right of way permit is required for any work within the public right of way. (Department of
Planning Services-Engineer)
C. Special transport permit is required for any over size or over weight vehicles. (Department of
Planning Services-Engineer)
6. Within six(6) months of operation:
A. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to
Environmental Health Services Division of the Weld County Department of Public Health &
Environment. (Department of Public Health and Environment)
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 plat 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 Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
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.
RESOLUTION USR14-0019
ANADARKO E&P COMPANY LP
PAGE 5
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 August 5, 2014.
Dated the 5`"of August, 2014.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
USR14-0019
1. A Site Specific Development Plan and Use By Special Review Permit, USR14-0019, for Mineral
Resource Development Facilities including Oil and Gas Support and Service Facilities(compressor
station for natural gas and all related equipment, including, but not limited to, eight(8)compressors,
vapor recovery units, separators, dehydrators, storage tanks, and one (1) seventy-foot in height
communication tower) in the A (Agricultural) Zone District, 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 will be 24 hours a day / 7-days a week, as stated by the applicant.
(Department of Planning Services)
4. The signage on the site shall be maintained in accordance with the approved Signage Plan.
(Department of Planning Services)
5. The landscaping and screening on the site shall be maintained in accordance with the approved
Landscaping/Screening Plan. (Department of Planning Services)
6. Should noxious weeds exist on the property, or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Chapter 15, Articles I and II, of the Weld County Code. (Department of Planning
Services-Engineer)
7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
8. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized.
(Department of Planning Services-Engineer)
9. 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)
10. 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)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
P 9
blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance
with the approved Waste Handling Plan,at all times. (Department of Public Health and Environment)
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
13. Adequate drinking, handwashing 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)
RESOLUTION USR14-0019
ANADARKO E&P COMPANY LP
PAGE 7
14. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface. and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
15. The Spill Prevention , Control and Countermeasure Plan shall be available on site, at all times.
(Department of Public Health and Environment)
16. This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone
as delineated in Section 14-9-30 of the Weld County Code, or with all applicable State noise statutes
and/or regulations. The applicant shall operate in accordance with the approved noise abatement
plan at all times. ( Department of Public Health and Environment)
17. 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)
18. In accordance with Colorado Oil and Gas Conservation Commission Rule 604, a spillage retention
berm shall be constructed around the aboveground storage tanks. The volume retained by the
spillage berm should be greater than the volume of the largest tank inside the berm and sufficient
freeboard to contain precipitation. Alternative protective measures may be allowed provided they
comply with the Colorado Oil and Gas Conservation Commission regulations. (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. 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)
21 . Building permit maybe required , per Section 29-3-10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes: 2006 International Energy Code; 2011
National Electrical Code; A building permit application must be completed and two 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 registered State of Colorado
engineer shall be required or an open hole inspection . (Department of Building Inspection)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23. 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.
24. The Use by 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.
RESOLUTION USR14-0019
ANADARKO E&P COMPANY LP
PAGE 8
25. 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.
26. 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.
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.
EXHIBIT
purchase agreement. He added that Mr. Gathman explained the site very well and w
ef;
do with the property.
I -ootq
Commissioner Smock asked what the number of acres is on site. Mr. Laird said that . _ .
acres however they are utilizing less than half of the site.
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: Delete Condition of Approval 1.D, Moved by Benjamin Hansford, 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 USR14-0028 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 Benjamin Hansford, Seconded by Joyce Smock.
Vote: Motion carried by unanimous roll call vote(summary: Yes= 7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
CASE NUMBER: USR14-0019
APPLICANT: ANADARKO E&P COMPANY LP
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITIES
INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITIES
(COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED
EQUIPMENT, INCLUDING, BUT LIMITED TO, EIGHT (8) COMPRESSORS,
VAPOR RECOVERY UNITS, SEPARATORS, DEHYDRATORS, STORAGE
TANKS, AND ONE (1) SEVENTY-FOOT IN HEIGHT COMMUNICATION
TOWER)IN THE A(AGRICULTURAL)ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-3668; PART NW4 SECTION 35, T3N, R67W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 28; WEST OF AND ADJACENT TO CR
21.5.
Diana Aungst, Planning Services, presented Case USR14-0019, reading the recommendation and
comments into the record. Ms. Aungst noted that one (1) phone call was received with concerns on the
noise from the compressors. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control, and the Waste Handling Plan. Ms. Light suggested adding "The applicant shall operate in
accordance with the approved noise abatement plan at all times"to the end of Development Standard 16.
Nathan Keiser, Anadarko Petroleum, 1099 18Th Street Suite 1800, Denver, Colorado, stated that they are
proposing a compressor station site along with a 70 foot in height communication tower. He said that
they are trying to design a landscaping plan but they are dealing with a lot of individual utility easements
and pipeline easements across this parcel. He added that they hope to have that design in place prior to
the Board of County Commissioner hearing.
Commissioner Sparrow said that it appears from the road there is screening but it doesn't look there is
much for screening from adjacent properties. Mr. Keiser said that there is a vacant residence to the west
and there is no county road that goes along that western property boundary. He said that they are open
to discussing landscaping to individual properties but it would have to be a private agreement.
x,O141 - }.50%
•
Commissioner Maxey asked if farming will be done on the site. Mr. Keiser said that it is unknown given
that there will be active drilling on site but if there is enough room after installation of the facility for
farming they will allow it.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Lois Reitz, 10898 CR 28, stated that they live directly east of the proposed site. They have lived there for
60 years and just built a new house 6 years ago. She is concerned that the site will look very industrial.
She added that they have talked with the applicant and they have assured them that they will provide
landscaping but they don't feel it is enough landscaping. She is also concerned about the odor, noise,
property values and the traffic impacts during construction.
Kristen Jimenez, 12979 CR 21.5, stated that she lives adjacent to the property and added that she is also
speaking on behalf of James Peacock, who is the closest residence. Ms. Jimenez cited health concerns
regarding recent research she has conducted with regard to compressor stations. She is also concerned
with contaminated water that comes from the compressor station facility into the adjacent ditch and
because of the high water table water floods their basement. Additionally, the proposed electrical power
lines will be directly adjacent to her home and could block their satellite and internet connection. She
added that they operate a business from their home and internet is necessary to operate their business.
Eddie Jimenez, 12979 CR 21.5, stated that they are concerned with the compressor station close to their
home. He said that it will affect crops currently grown that are used for feed for livestock as well as for
human consumption. He is opposed to the traffic, complications to their family's lives, and the
complications to the operation of their business at home.
Commissioner Hansford asked if he knew of anyone who lives next to a compressor station or electrical
substation. Mr. Jimenez stated that he does not; however James Peacock who is an employee with
Anadarko said that the compressor stations are very loud and noisy. He believes that the land was
available and the applicants bought it. Mr. Hansford said that he lives with half a mile of a compressor
station, electrical substation as well as drilling operations. He added that he was initially concerned;
however the industry has been very good to work with. He further added that he cannot hear the
compressor station and will occasionally hear the electrical substation but the companies have mitigated
these noise concerns and it has helped.
Ronald Matsushima, 12745 CR 21.5, stated that he owns the property just south of the proposed site. He
said that he has had issues with the contractors involved with the company as they were blocking his
driveway when they were boring holes for the pipeline. He is concerned that he will not be able to irrigate
his farm with the potential transmission line. He is opposed to the compressor station and cited concerns
with noise and lights.
Stacy Hendershot, 9939 CR 28, stated that they just purchased their house October 2013. She
submitted a letter to Anadarko with her concerns and submitted it to the Planning Commission. She said
that there is a lot of truck activity and ditch damage from Anadarko vehicles where they turn around. She
said that they find Nathan Keiser to be responsive. As a new resident of this area, she has the same
concerns as those who have lived here for some time.
Commissioner Berryman asked if Anadarko was responsive when calling the hotline. She said that they
sent an email. She added that they just called on Saturday with regard to the traffic speed and hasn't
seen any reduction in the speed from the vehicles yet but hopes to see it slow down.
The Chair closed the public portion of the hearing and called a recess at 4:53 pm. The Chair reconvened
the hearing at 5:02 pm.
Nathan Keiser stated that there is a booster station for water that Mr. Matsushima is referring to.
Commissioner Maxey asked if it is located on this site. Mr. Keiser said that it is located on this proposed
site but not associated with this request. He added that he is not aware of anyone utilizing his driveway
and that is why they set up this hotline so that they know what is going on in the area and can take care
of it.
Mr. Keiser said that the issues at the other sites are the same as this site. There is no odor or emissions
as there are no exhaust releases or venting done at this site. There will not be any groundwater
contamination as it is all contained via pipelines. There will be more traffic during construction but it will
be an unmanned facility. He cannot speak to the drilling operations as that is not on their immediate
radar of when that will take place. However that does not mean that they will take concerns and deal with
that. He hopes to convey to the community that they are willing to listen and hope that they will use the
hotline to express their concerns.
Commissioner Wailes said that we often hear about odor from compression plants and added that he
understands that you should not be able to smell natural gas at this stage of production.
Jack Murray, 1099 18th Street, Suite 1800, Denver, stated that during this part of the process there is no
venting and it is a closed system. He added that after market there is an odor given to natural gas so that
the public can detect any leaks. Commissioner Sparrow noted that the employees working on these sites
don't wear masks so it appears to him that there are no poisonous gases.
Motion: Amend Development Standard 16 to add "The applicant shall operate in accordance with the
approved noise abatement plan at all times" to the end, Moved by Nick Berryman, Seconded by
Benjamin Hansford. 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 USR14-0019 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Sparrow, Seconded by Benjamin Hansford.
Vote: Motion carried by unanimous roll call vote (summary: Yes=7).
Yes: Benjamin Hansford, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes,
Nick Berryman.
Commissioner Sparrow expressed to the audience that this was not an easy decision. He understands
how this affects your lives and hopes that the company will work with you.
Commissioner Maxey echoed Mr. Sparrow's comments. He added that Anadarko has been good to work
with and mitigate these issues.
CASE NUMBER: ORDINANCE 2014-10
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 19 COORDINATED PLANNING AGREEMENTS, OF THE WELD
COUNTY CODE.
Bruce Sparrow noted that he is Chair of the Keenesburg Planning Commission and feels that he can be
impartial; however if anyone feels that he should recuse himself he will. Brad Yatabe, County Attorney,
recommended that he should recuse himself.
Michelle Martin, Planning Services, presented the proposed code changes for Chapter 19. Weld County
and the City of Ft. Lupton and the Town of Keenesburg have been working on these new Coordinated
Planning Agreements which are identical to each other. The changes include that at the time of pre-
application that the county will notify the municipality for potential annexation and that the municipality will
have 21 days to follow up with pre-annexation agreement. Additionally, the 3 mile referral area for the
municipality would be set from the municipal limits and not from the current set boundary.
Todd Hodges, Todd Hodges Design, 2412 Denby Court, Ft. Collins, Colorado, stated that he hopes that
this agreement will be a template for other municipalities to follow.
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: Forward Ordinance 2014-10 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Benjamin
Hansford.
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