HomeMy WebLinkAbout20212695.tiffHEARING CERTIFICATION
DOCKET NO. 2021-44.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0009, FOR AN OIL AND GAS SUPPORT AND SERVICE (AN OFFICE/SHOP
BUILDING FOR AN OIL AND GAS EXPLORATION AND PRODUCTION
BUSINESS ALONG WITH OUTDOOR STORAGE OF OIL AND GAS PRODUCTION AND
EXPLORATION EQUIPMENT) ALONG WITH A COMMUNICATION TOWER UP TO
45 -FEET IN HEIGHT AND MORE THAN THE NUMBER OF CARGO
CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP
TO 10 CARGO CONTAINERS PROPOSED) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DPOC, LLC
A public hearing was conducted on September 22, 2021, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated June 24, 2021, and duly published June 27,
2021, in the Greeley Tribune, a public hearing was conducted to consider the request of
DPOC, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR21-0009, for an Oil and Gas Support and Service (an office/shop building for an oil and gas
exploration and production business along with outdoor storage of oil and gas production and
exploration equipment) along with a communication tower up to 45 -feet in height and more than
the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 10
cargo containers proposed) in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record. On August 11, 2021, the Board heard all of the
testimony and statements of those present, and being fully informed, continued the hearing until
September 22, 2021, to allow DPOC, LLC, adequate time to notify mineral interest owners and
present to the Planning Commission on September 7, 2021.
Chris Gathman, Department of Planning Services, stated the legal description on the final
Resolution will be amended, as the applicants have since submitted a Deed reflecting the actual
boundaries of the USR. In response to Commissioner James, Mr. Choate confirmed the Notice is
adequate because the new description narrows down the parcel site. Mr. Gathman relayed
12 referrals were sent out, and six (6) responses were received, four (4) of which contained
comments. He presented a brief summary of the proposal, described the six (6) foot chain link
(CC,IOAI TP), PWCMic), BMCLL)
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HEARING CERTIFICATION - DPOC, LLC (USR21-0009)
PAGE 2
fence, which will surround the site, and relayed the number of employees and approximate times
specific employees will be onsite. Mr. Gathman shared a Well Permit was received on
September 21, 2021, which is listed as a condition, which may be removed. He explained the
nearest residence is approximately two (2) miles from the approximately 35 -acre site, which is
land defined as predominately prime land, if irrigated, per the 2020 Natural Resource
Conservation Service. Mr. Gathman relayed, on behalf of Planning Services Development
Engineering, the parcel has an existing permitted access onto County Road (CR) 103, and the
applicant is proposing to close and reclaim this access and create and utilize a new access north
of CR 103. Additionally, the applicant shall obtain an access permit which meets the minimum
spacing criteria, he relayed CR 103 is a local gravel road, as designated on the Weld County
Functional Classification Map, the latest average daily traffic counts 258 vehicles per day, with
78% trucks, and the 85th percentile speed is 53 MPH. He further stated the traffic information
shows there are approximately 23 passenger vehicle, daily round trips, one (1) semi -truck, daily
round trip, 50% of the traffic will travel north and 50% will travel south. Mr. Gathman stated staff
is requesting a Road Maintenance Agreement, including, but not limited to, dust control and
damage repair to specified haul routes, and a Final Drainage Report and Certification of
Compliance, stamped and signed by a professional engineer. He noted, an updated Drainage
Report was received on September 21, 2021, and is still under review. Mr. Gathman entered the
favorable recommendation of the Planning Commission into the record as written and displayed
images of the site and surrounding views.
El Ben Frissell, Department of Public Health and Environment stated a commercial well and
engineer -designed septic system will be installed, an application was submitted to the State of
Colorado and the state issued a commercial permit, which was received September 21, 2021,
this Condition of Approval (COA) #1.C (written evidence of permitted commercial well use), may
be removed. Mr. Frissell explained a water truck and gravel access drive will be used for on -site
dust control, there will be fuel storage and propane storage, which will have to comply with state
regulations, and Development Standards (DS) #16 through 26 address Environment Health items.
Pat Hillyer, Lamp Rynearson, represented the applicant and stated he agrees with all
statements made by staff and was available to answer questions.
El No public testimony was offered concerning this matter.
In response to Chair Moreno, Mr. Hillyer indicated they had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards.
El The Board discussed removal of COA #1.C (written evidence of permitted commercial well
use). In response to Commissioner Freeman, Mr. Hillyer confirmed they do not anticipate the
number of employees to increase. In response to Commissioner James, Mr. Gathman relayed
Development Standard (DS) #7 (communication tower co -location), is more of a security issue,
confirming it is different language than usual. Mr. Choate stated, in reference to Section 23-4-810
(Preferred Order for Locating Telecommunication Facilities), the top order states co -location with
existing facilities, stating it follows Federal rules. The Board agreed to amend the sentence to
state "may" in place of "shall". The Board agreed to all of the aforementioned changes.
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PAGE 3
In response to Chair Moreno, Mr. Hillyer indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
la Commissioner James moved to approve the request of DPOC, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0009, for an Oil and Gas Support
and Service (an office/shop building for an oil and gas exploration and production business along
with outdoor storage of oil and gas production and exploration equipment) along with a
communication tower up to 45 -feet in height and more than the number of cargo containers
allowed by Section 23-3-30 of the Weld County Code (up to 10 cargo containers proposed) 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. The
motion was seconded by Commissioner Saine, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:17 a.m.
This Certification was approved on the 6th day of October, 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i11ctdLi G: •J«to4
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
EXCUSED DATED OF APPROVAL
Stev More o, Chair
ames, Pro-
rry L. B
EXCUSED DATED OF APPROVAL
ike Freeman
Lori S
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