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HomeMy WebLinkAbout20132326.tiffHEARING CERTIFICATION DOCKET NO. 2013-52 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND FIFTH AMENDED USE BY SPECIAL REVIEW PERMIT, USR13-0026, (FORMERLY KNOWN AS 4TH AMUSR-552) FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING, A NATURAL GAS PROCESSING FACILITY, RELATED GAS PLANT EQUIPMENT AND STRUCTURES, AND A COMMUNICATIONS TOWER UP TO 100 FEET IN HEIGHT IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP MIDSTREAM, LP A public hearing was conducted on August 14, 2013, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Heidi Hansen Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated June 26, 2013, and duly published July 1, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request of DCP Midstream, LP, for a Site Specific Development Plan and Fifth Amended Use by Special Review Permit, USR13-0026, (formerly known as 4th AmUSR-552) for a Mineral Resource Development Facility, for Oil and Gas Support and Service, including a natural gas processing facility, related gas plant equipment and structures, and a Communications Tower up to 100 feet in height in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Garcia advised Patrick Groom, representing the applicant, that, since Commissioner Rademacher was not able to be present, he had the option of continuing this matter to a date with the full Board present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Rademacher will listen to the record and make the determining vote. Mr. Groom indicated he would like to proceed. a Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He said this site is in the range of the City of Greeley's long-range expected growth area and Industrial Land -Use Guidance Area; the proposed expansion is compatible with cue: O4, i°4 Ate; h'G Y -9-/s 2013-2326 PL0034 HEARING CERTIFICATION - DCP MIDSTREAM, LP (USR13-0026) PAGE 2 anticipated surrounding land use and will be landscaped. He stated there are ten property owners within 500 feet of the property, and six residences. There is an existing unoccupied residence on the property. He said four out of 15 referral agencies offered comments with conditions and showed images of the site. In response to Commissioner Conway, Mr. Ogle said he had a discussion with property owner Dennis Hoshiko regarding the proposed transmission lines coming to the site. Heidi Hansen, Department of Public Works, provided a brief overview of the transportation plans and requirements; she said they are projecting 4-5 passenger vehicles and 3-5 large round-trip truck trips per day. The Preliminary Drainage Report is close to being finalized and will include a large pond and a valve for releasing stormwater only after it has been examined for sheen (contaminants). Mr. Hoshiko expressed concerns about existing drainage problems at the intersection of CR 63 and CR 64. Ms. Hansen said the new detention facilities may help those problems in storms, and otherwise Public Works needs to address those issues. She explained there will be an Improvements Agreement for a small proportional share of future improvements. CH Lauren Light, Department of Public Health and Environment, said a septic system will be installed prior to a Certificate of Occupancy for the office, there will be a spill Prevention Control and Counter Measure Plan for the site, and there are no other concerns. Ei Patrick Groom said that seven years ago DCP completed the Lucerne 1 Processing Plant and at that time it seemed state-of-the-art and satisfactory for the industry's needs, but now it needs to be doubled in size. It seemed to make sense economically and in regard to impact to surrounding property owners to expand at this location, and the 80 contiguous acres. This facility will be larger than the original facility and the existing home structure on the 80 -acre parcel will likely remain vacant. He stated that rather than permit the new plant separately, this is a re -permitting of the existing plant as well, so the entire facility will be engineered, not just the new section; therefore, the new drainage pond should alleviate Mr. Hoshiko's concerns. He also noted that Mr. Hoshiko's concerns about the transmission lines are connected to a separate USR being submitted by Excel Energy. la No public testimony was offered concerning this matter. Mr. Groom asked that in the new Development Standard #24, which pushes the deadline for the submittal of the annual Emergency Action and Safety Plan from January 15th to March 1st, the word "approved" be eliminated, as in the previous application, and this was done by consent of the Board. Commissioner Kirkmeyer made clear that Condition of Approval #1.D is a road improvement and road maintenance agreement. She said that Condition of Approval #1.G should be deleted as unnecessary due to the surrounding corn fields. Commissioner Freeman concurred. Condition of Approval 1#G was deleted by concurrence of the Board. Mr. Groom said the surrounding farmland will be kept in agricultural production or be re -seeded with native grasses. 2013-2326 PL0034 HEARING CERTIFICATION - DCP MIDSTREAM, LP (USR13-0026) PAGE 3 In response to Chair Garcia, Mr. Groom said he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Freeman moved to approve the request of DCP Midstream, LP, for a Site Specific Development Plan and Fifth Amended Use by Special Review Permit, USR13-0026, (formerly known as 4th AmUSR-552) for a Mineral Resource Development Facility, for Oil and Gas Support and Service, including, a natural gas processing facility, related gas plant equipment and structures, and a Communications Tower up to 100 feet in height in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Commissioner Kirkmeyer said they typically meet with oil and gas industry executives and they would like to meet with DCP Midstream, LP, to get a general idea of their current and future activities in Weld County and how they will invest back into the community. There being no further discussion, the hearing was completed at 11:17 a.m. This Certification was approved on the 19th day of August, 2013. BOARD OF COUNTY COMMISSIONERS WELD CO Y, COLORADO ATTEST: Weld County Clerk to the Boar BY: D=.uty C William F. arcia, Chair EXCUSED Douglas Rademacher, Pro-Tem can P. Conway e Freeman Barbara Kirkmeye 2013-2326 PL0034 \ 2 \k e. Do .\---d � oci \N > Gc -- cf.') in 1 ) / \ o / % I , � � i Q 4 \ G c © ) \ Li ' cn / t Q 2 q / N3 ! / o' / \N . l• �. > /� Cc Ka k \ ? Q . . q ) ) ! « / \ K 4. c b \ § j § § \ A NNt ( § ? , } \ / 7 } \� . . 7 1 '0 � ts Hello