HomeMy WebLinkAbout20090955.tiffHEARING CERTIFICATION
DOCKET NO. 2009-16.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FOURTH AMENDED USE BY SPECIAL
REVIEW PERMIT #552 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY FOR
OIL AND GAS SUPPORT AND SERVICE, INCLUDING A NATURAL GAS PROCESSING
FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP MIDSTREAM, LP
A public hearing was conducted on April 22, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated February 10, 2009, and duly published February 20,
2009, in the Greeley Tribune, a public hearing was conducted on March 18, 2009, to consider the
request of DCP Midstream, LP, for a Site Specific Development Plan and Fourth Amended Use by
Special Review Permit #552 for a Mineral Resource Development Facility for Oil and Gas Support
and Service, including a Natural Gas Processing Facility, in the A (Agricultural) Zone District. At
said hearing, the Board deemed it advisable to continue the matter to April 22, 2009, to allow the
applicant adequate time to complete the required mineral interest notification. On April 22, 2009,
Bruce Barker, County Attorney, made this a matter of record.
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
stated the site is located one-half mile north of County Road 64, and west of County Road 43, and
is within the three-mile referral area for the City of Greeley and the Town of Eaton. He clarified the
City of Greeley provided a referral response indicating no conflicts, and the Town of Eaton did not
respond to the referral request. He indicated the existing facility was first permitted in 1983, and
has been updated several times since that time. He further indicated the facility is proposed to be
expanded, due to the need to move larger volumes of gas, and to enhance the safety of the facility,
due to recent increases in drilling activity. He gave a brief description of the uses of surrounding
properties, and confirmed the North Weld County Water District (NWCWD) provides water to the
site, and an existing septic system handles the effluent flow. He confirmed the primary access to
the site is on County Road 43, which is a paved road, and the internal roads within the site are
graveled and graded. He stated fourteen referral agencies reviewed the application materials, ten
provided comments which have been addressed within the Conditions of Approval and
Development Standards, and no letters have been submitted by surrounding property owners.
2009-0955
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HEARING CERTIFICATION - DCP MIDSTREAM, LP (4TH AMUSR #552)
PAGE 2
Mr. Ogle displayed photographs of the site and surrounding area, and he indicated the access road
is actually a former railroad line.
David Snyder, Department of Public Works, stated the access road to the site is on County
Road 43, which is a major arterial road, with an average daily traffic count of approximately 1,056
vehicles. He confirmed the applicant will continue to utilize the existing access, three employees
will work on the site, which is a minimal traffic impact, and the normal drainage patterns will be
utilized. He confirmed the Department has no outstanding concerns.
Lauren Light, Department of Public Health and Environment, stated water will be provided to the
site from the NWCWD, and the existing septic system is adequately sized for up to six employees.
She indicated if more than six employees will be working on the site, the system will have to be
evaluated, or replaced; however, the applicant's representative has confirmed that two daytime
employees, and one overnight employee will be working at the site, therefore, the limit of six
employees will not be exceeded. She stated Development Standards #3 through #16 address the
comments provided by the Department, and the Department has no outstanding concerns with the
application materials.
Patrick Groom, Attorney, represented the applicant and stated the facility was constructed in the
year 2005, essentially upgrading an older natural gas facility built in the 1980's. He indicated even
though the facility was built to state-of-the-art standards just four years ago, the facility is outdated
in terms of capacity. He confirmed, due to increased production levels, it is necessary to expand
the facility to the east, similar to the Mewbourne facility, recently approved by the Board.
No public testimony was offered concerning this matter.
Mr. Ogle requested Development Standard #26 be added to state, "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
Section 15-1-40, of the Weld County Code.", and the Board concurred with the addition of
Development Standard #26, with the required re -numeration. Responding to Commissioner
Rademacher, Mr. Snyder indicated the applicant estimates that approximately two to three daily
vehicle trips will be completed by pick-up trucks, and there was no mention of semi -trucks. Further
responding to Commissioner Rademacher, Mr. Snyder confirmed he is not aware of the applicant
being required to provide any mitigation for traffic within previous permit amendments. He further
confirmed the traffic count on County Road 43 is over 1,000 vehicles per day, and the facility
provides a very minimal increase. Mr. Ogle stated the application materials confirm that two
pick-up trucks and two semi -trucks will visit the site on a daily basis, which is the current amount
of traffic to the site. Mr. Groom clarified the expansion of the facility is actually expected to reduce
the overall number of truck trips to the site, since many deliveries will now take place through
pipelines. He confirmed in the past, waste products, excess water, and other fluids separated from
the gas were required to be trucked out from the site. He indicated the applicant intends to
eliminate a large amount of transportation, therefore, the traffic count will reduce from what has
been permitted in past instances.
2009-0955
PL0034
HEARING CERTIFICATION - DCP MIDSTREAM, LP (4TH AMUSR #552)
PAGE 3
In response to Chair Garcia, Mr. Groom indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of DCP Midstream, LP, fora Site Specific
Development Plan and Fourth Amended Use by Special Review Permit #552 for a Mineral
Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas
Processing Facility, 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, and amended. Her motion included the addition of Development
Standard #26 to state, "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 Section 15-1-40, of the Weld County Code.", 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 10:40 a.m.
This Certification was approved on the 27th day of April, 2009.
ATTEST:
WelO-County Clerk to the Boa
Dep
Clerk `to the Board
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ELD NTYRADO
m F. Garcia, Chair
gla- Radem.. her, Pro-Tem
Seen P. Conway
2009-0955
PL0034
EXHIBIT INVENTORY CONTROL SHEET
Case 4THAMUSR #552 DCP MIDSTREAM, LP
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Summary of Hearing (Minutes dated 4/7/2009 and
C. Planning Commission 3/3/2009)
Memo, dated 03/03/2009, and Letter from applicant
D. Planning Staff requesting continuance, dated 02/23/2009
E. Planning Staff Sign posting certificate and photo
F. Applicant Various site plan maps (8 total)
G. Applicant Map of proposed expansion to Lucerne Gas Plant
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