HomeMy WebLinkAbout20100121.tiff HEARING CERTIFICATION
DOCKET NO. 2010-02
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1720 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY (OIL AND GAS
STORAGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - WILLIAM AND VELERIA
FABRIZIUS, C/O PETRO-CANADA RESOURCES (USA) INC.
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, Michelle Martin
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 William and Veleria Fabrizius, c/o Petro-Canada Resources (USA) Inc., for a Site
Specific Development Plan and Use by Special Review Permit #1720 for a Mineral Resource
Development Facility (oil and gas storage) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record. Chair Rademacher advised Carol Myers,
Petro-Canada Resources (USA) Inc., that she has the option of continuing the matter to a date
when the full Board will be present. However, if she 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. Ms. Myers indicated she 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 89 and two miles north of County
Road 122, and is north of the Town of Grover. He confirmed the applicant is in the process of
completing Recorded Exemption #4917, to separate a ten-acre parcel to be utilized for the
proposed facility known as a boneyard, for the purposes of storing, maintaining, and repairing oil
and gas related equipment. He stated the site is not located within an Intergovernmental
Agreement (IGA) area; however, it is located within the three-mile referral area for the Town of
Grover, which indicated no conflicts in a referral response. He indicated the surrounding area is
predominantly agricultural in nature, and the Conditions of Approval and Development
Standards will ensure that the use will remain compatible. In response to Commissioner
Kirkmeyer, Mr. Gathman indicated the applicant owns almost one entire section, and the
nearest residence is approximately one mile away. Further responding to Commissioner
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Kirkmeyer, Bud Metcalf, Petro-Canada Resources (USA) Inc., confirmed the nearest residence
is one mile south of the proposed boneyard. In response to Commissioner Garcia,
Mr. Gathman stated the applicant may provide screening through the use of a berm or a fence.
Commissioner Kirkmeyer indicated Condition of Approval #1.F indicates only the outdoor
storage area must be screened, and in response, Mr. Gathman clarified the entire ten-acre site
will comprise of outdoor storage.
Don Carroll, Department of Public Works, stated the site is located north of the Town of Grover,
on County Road 89, which is a local gravel road. He indicated the recent average daily traffic
count is approximately 141 vehicles, and he submitted a map which details the traffic counts
within the surrounding area, marked Exhibit E. He confirmed the trucks traveling to the site will
utilize the traffic plan, as shown in the map submitted as Exhibit F, so that traveling through the
Town of Grover is avoided. He indicated the access to the facility is located on County
Road 89, and an existing cattle guard does exist, which will help to prevent tracking debris on
the road. He clarified the applicant intends to install a four-strand barbed-wire fence, which will
contain an access gate. He indicated the access road and circulation area are required to be
graveled and graded, as well as the existing leased road, to prevent drainage problems. He
clarified the traffic to the site will consist of pick-up trucks; however, there will not be a large
amount of traffic, since the facility is unmanned, and employees will only access the site as
necessary. Mr. Carroll indicated staff worked with the applicant regarding the required
stormwater drainage, and the proposed pond is acceptable. He stated the site is not located
within a flood zone, and the applicant will be required to control noxious weeds on the site. He
clarified there is a large amount of new drilling and other oil and gas activity within the
surrounding area, and the Department will be monitoring truck traffic through traffic counts
within the surrounding area. He further clarified he has heard that injection wells may be
installed within the surrounding area in the near future, to help process the volume to be
produced from the many new oil and gas wells proposed for the area. Responding to Chair
Radeamcher, Mr. Carroll confirmed the applicant is required to provide a water quality feature,
and it is not specifically required to be a pond.
Lauren Light, Department of Public Health and Environment, stated there are no daily
employees at the site, therefore, permanent water and sewer facilities are not required. She
clarified any employees traveling to the site may utilize the facilities located at the Grover field
office, which is called out specifically in Development Standard #10. She confirmed the
applicant has submitted the required Dust Abatement and Waste Handling Plans, which have
been approved, and the noise on the site shall be limited to the levels allowed within the
Industrial Zone District. Commissioner Kirkmeyer indicated she recently attended a meeting at
which the Mayor of Grover expressed concern regarding the amount of truck traffic traveling
through the town. In response to Chair Rademacher, Mr. Carroll confirmed the main road
through the Town of Grover is paved; however, the truck traffic to this facility will avoid traveling
through the Town.
Mr. Metcalf represented the applicant and stated the proposed facility will support oilfield
development within the surrounding area, and the boneyard will be utilized to stage equipment
utilized in the expansion of wells. In response to Chair Rademacher, Mr. Metcalf expressed his
concerns regarding the requirement of an opaque fence becoming a maintenance problem for
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the company. He explained the strong winds within the area will blow snow in the wintertime,
and will cause the fence to catch trash and other items during the year. He indicated he
believes the site is better served by the installation of a barbed-wire fence, which is the type of
fence ranchers within the surrounding area utilize. He confirmed security at the site is not as big
of a concern as is the high winds knocking over the fence and creating an eyesore for the area.
Security is not an issue. Chair Rademacher expressed his concerns regarding the security of
the equipment stored on the site if the applicant only utilizes a barbed-wire fence, and he
suggested the applicant consider installing a chain-link fence. In response, Mr. Metcalf clarified
the equipment stored on the site is extremely heavy, and any persons looking to steal the
equipment would have to utilize machinery to even be able to pick up the equipment. Further
responding to Chair Rademacher, Mr. Metcalf confirmed there will be no storage of hazardous
chemicals on the site. In response to Commissioner Conway, Mr. Metcalf confirmed the fence
will contain an access gate, which will utilize a combination lock. He clarified the construction of
an opaque or chain-link fence will be a major undertaking, and the company understands that if
someone wants to steal an item bad enough, no type of fence will provide the proper deterrent.
Responding to Commissioner Garcia, Mr. Metcalf indicated the necessary right-of-way already
exists, and the existing access road is currently utilized for agricultural purposes. Mr. Carroll
suggested the deletion of the third sentence of Condition of Approval #1.D, since concern with
the language was previously presented by the Board in a separate hearing.
No public testimony was offered concerning this matter.
Following discussion, the Board concurred with the deletion of the third sentence of Condition of
Approval #1.D. In response to Chair Rademacher, Mr. Gathman indicated the Department is
comfortable with the installation of a barbed-wire fence, if that is the desire of the Board. He
clarified the use of a berm was discussed during a pre-application meeting with the applicant;
however, he is not sure if the installation of a berm is feasible at the site. Commissioner
Kirkmeyer suggested Condition of Approval #1.F be deleted, as well as all references to the
Screening Plan. She clarified the closest residence is over one-mile away, and it is not
necessary for the site to be screened. The Board concurred with the deletion of Condition of
Approval #1.F and Development Standard #18. Chair Rademacher clarified although he has
concerns regarding the security of the site, it is the decision of the applicant as to which type of
fence will be constructed at the site.
In response to Chair Rademacher, Mr. Metcalf indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as modified.
Commissioner Garcia moved to approve the request of William and Veleria Fabrizius, c/o
Petro-Canada Resources (USA) Inc., for a Site Specific Development Plan and Use by Special
Review Permit #1720 for a Mineral Resource Development Facility (oil and gas storage) 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. His motion included the deletion of the third sentence of Condition of Approval #1.D to
state, "County Road 89 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
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documents which created it"; the deletion of Condition of Approval #1.F, with the required
re-lettering; and the deletion of Development Standard #18, with the required re-numeration.
The motion was seconded by Commissioner Conway, and it carried unanimously. There being
no further discussion, the hearing was completed at 3:40 p.m.
This Certification was approved on the 25th day of January, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
J % n glas R emache , air
Weld County Clerk to the P.-
j:arbara Kirkmeyer/Pro-Tem
BY: Cv c.o. �.w: 1�4���,pp �� /��
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Deputy Clerk to the Boa _Jul u A�
Sean P. Conway
` L
liam F. Garcia
EXCUSED
David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1720 -WILLIAM AND VALERIA FABRIZIUS, C/O PETRO-CANADA
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 Certificate and photo of sign posting
E. Public Works staff Aerial view map w/traffic counts
F. Public Works staff Aerial view map depicting haul routes
G. Public Works staff Draft Plat map
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