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Home My WebLink About20100151.tiff HEARING CERTIFICATION DOCKET NO. 2010-01 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #625 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL GAS PROCESSING FACILITY AMENDED TO INCLUDE AN ADDITIONAL COMPRESSOR AND STORAGE AREAS) IN THE A (AGRICULTURAL) ZONE DISTRICT—AKA ENERGY GROUP, LLC A public hearing was conducted on January 20, 2010, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long — EXCUSED Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated December 8, 2009, and duly published December 10, 2009, in the Windsor Beacon, a public hearing was conducted to consider the request of Aka Energy Group, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit #625 for an Oil and Gas Support and Service Facility (natural gas processing facility amended to include an additional compressor and storage areas) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Rademacher advised Steve Szabo, applicant's representative, that he has the option of continuing the matter to a date when the full Board will be present. However, if he decides to proceed today, the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Long will review the record and make the determining vote. Mr. Szabo indicated he would like to proceed today. Chris Gathman, 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 stated the site is located east of County Road 55 and one-quarter mile south of County Road 54. He confirmed the existing Use by Special Review (USR) Permit was approved in June, 1984, and the Department has not received any complaints for this facility since the approval date. He indicated the Conditions of Approval and Development Standards will ensure that the use continues to be compatible with surrounding land uses, and he confirmed the site is currently screened on all four sides with opaque slat material within a chain-link fence. He stated the site is not located within an Intergovernmental Agreement (IGA) area; however, the site is located within the three-mile referral area for the Town of Kersey, which indicated no conflicts within a referral response. He further stated the surrounding area is 2010-0151 PL0568 HEARING CERTIFICATION -AKA ENERGY GROUP, LLC (AMUSR-625) PAGE 2 agricultural in nature with several single-family residences. He indicated the Department of Public Works has submitted an updated referral, marked Exhibit E, which provides a clarification of what issues have been addressed and which issues remain outstanding. Don Carroll, Department of Public Works, stated the site is located within the vicinity of the Town of Kersey, and the roads surrounding the facility are local gravel roads which are maintained by the County. He indicated the most recent traffic count indicates 89 vehicles within a 72-hour period, therefore, there is not a large amount of traffic in the immediate area. He stated the applicant will be required to provide an off-street parking area, which shall be graveled and graded along with the access drive. He indicated the plat indicates the curb stops next to the office building, the applicant will be required to control noxious weeds on the site, and the Department did not require the applicant to submit a traffic study. He clarified half-ton or one-ton pickups will access the site on a daily basis, and larger trucks will access the site once per month, during winter months, and three times per month, during summer months. He further clarified a water truck will access the site two times per month during the winter months, therefore, the facility does not expect any heavy truck traffic. Mr. Carroll indicated the main access needs to be modified, and the entrance gate will be recessed to accommodate trucks and prevent staging on the road. He confirmed the drainage plans for the property are acceptable. In response to Commissioner Garcia, Mr. Carroll clarified Condition of Approval #1.D contains standard language concerning road right-of-way, and it indicates that the applicant shall dedicate the road right-of-way only if it cannot be verified. Responding to Commissioner Conway, Mr. Carroll confirmed the County has obtained the necessary right-of-way at this location. In response to Commissioner Garcia, Mr. Carroll indicated Condition of Approval #1.F addresses the anticipated employee parking area, and he reiterated the required curb stops have been indicated on the plat. Responding to Chair Rademacher, Mr. Carroll confirmed the curb stops may be constructed of any material which will prevent a vehicle from rolling further. Lauren Light, Department of Public Health and Environment, stated the facility utilizes a commercial well and an existing septic system for the office. She clarified there is no increase to the number of employees utilizing the site, therefore, a review of the septic system is not required. She confirmed the applicant has submitted the Dust Abatement and Waste Handling Plans; however, more information concerning the chemical storage on the site is necessary to complete the Waste Handling Plan. She indicated the noise on the site shall comply with the limits of the Commercial Zone District. In response to Commissioner Kirkmeyer, Ms. Light indicated due to the age of the original USR permit, this amended permit contains additional requirements not previously addressed; however, the Conditions of Approval and Development Standards are consistent with similar facilities. Mr. Szabo represented the applicant and stated there has been a boom in the demand of gas production within the area, and the pressure within the line has been running high, therefore, it was decided that an additional compressor should be installed at the site. He confirmed the compressor was installed as a temporary structure, through a temporary permit; however, it has been decided that the compressor needs to remain as a permanent part of the facility. He further stated equipment storage has also been consolidated at the facility. No public testimony was offered concerning this matter. 2010-0151 PL0568 HEARING CERTIFICATION -AKA ENERGY GROUP, LLC (AMUSR-625) PAGE 3 Responding to Chair Rademacher, Commissioner Conway indicated only the third sentence of Condition of Approval #1.D should be deleted, with the rest of the text to remain. Mr. Carroll and Mr. Szabo both concurred with the proposed deletion. In response to Mr. Barker, Mr. Carroll reiterated the necessary right-of-way has already been verified on the plat, and he confirmed the proposed deleted language was not a part of the comments within his referral response. The Board concurred with deletion of the third sentence of Condition of Approval #1.D. Responding to Chair Rademacher and Commissioner Kirkmeyer, Mr. Gathman indicated the applicant will only be required to maintain the existing screening on the site. In response to Chair Rademacher, Mr. Szabo indicated he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as modified. Commissioner Kirkmeyer moved to approve the request of Aka Energy Group, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit #625 for an Oil and Gas Support and Service Facility (natural gas processing facility amended to include an additional compressor and storage areas) 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 entered into the record. Her motion included the deletion of the third sentence of Condition of Approval #1.D, with the remaining language to read as follows, "County Road 55 is classified by the County as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of- way and the documents creating the right-of-way. The plat shall delineate the existing right-of- way and the documents which created it." The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 3:20 p.m. This Certification was approved on the 25th day of January, 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ougI Rademacher, Chair Weld County Clerk to the frl� ��1. �� ba ara Kirkmeyer, Pr -Tem BY: Deputy Clerk to the Board \ < _ Sean P. y, Va — William F. Garcia EXCUSED David E. Long 2010-0151 PL0568 EXHIBIT INVENTORY CONTROL SHEET Case AMUSR-625 — AKA ENERGY GROUP, LLC Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 01/05/2010) D. Planning Staff Certification and photo of sign posting E. Public Works staff Updated Memo, dated 01/19/2010 F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. \ / & / \ H VLc \ � � � ! \� \ 5 '3 -4 (> \ \ 0 ' cc ) \ O o R « / iii ce t \ J \ t -;-:: ~ y O re \ . / \\ � \ < ] § \ z u_ § a / x i- o - t ! _Jr / / . m c kco m § @ cn } y Z— \ / / I 13 a m ,$) k_,--- . > ] ) 2 d � w \ / N is CO/ i- U z o2 2 ( /\ . O � " k ak 0 © \ § _ 01 It` a \ � « 0 / Ly < 0 # § 6. (0 2k m % 2 L � § § / � \ v - w \ ( u z j J�� _ cio a_ Hello