HomeMy WebLinkAbout20191041.tiffHEARING CERTIFICATION
DOCKET NO. 2019-07.D
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0106, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION FACILITY) ALONG
WITH A 60 -FOOT COMMUNICATION ANTENNA IN THE A (AGRICULTURAL) ZONE
DISTRICT - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C FARMS, LLLP
C/O ROCKY MOUNTAIN MIDSTREAM, LLC
A public hearing was conducted on March 11, 2019, at 9:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
El I hereby certify that pursuant to a notice dated November 16, 2018, and duly published
November 21, 2018, in the Greeley Tribune, a public hearing was conducted January 9, 2019, to
consider the request of Gary Howard, John and Diana Howard, and D&C Farms, LLLP, do Rocky
Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0106, for Mineral Resource Development Facilities, including Oil and Gas Support
and Service (compressor station facility) along with a 60 -foot communication antenna in the
A (Agricultural) Zone District, at which time the Board deemed it necessary to continue the matter
to February 11, 2019, to allow the applicant adequate time to address concerns regarding
compatibility. At said hearing, the matter was continued to February 25, 2019, to allow the
applicant adequate time to gather additional information regarding electric motors and finalize the
landscaping plan, and again to March 11, 2019, to allow the applicant adequate time to finalize
the landscaping plan, and gain additional information on the costs and lead times associated with
electric motors. Bob Choate, Assistant County Attorney, made this a matter of record.
el Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and provided an overview of the discussion at the last hearing. He summarized the concerns and
requests of the Board, and indicated the applicant had a noise study and a new PowerPoint
presentation.
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2019-1041
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 2
El Hayley Balzano, Public Works Engineer representative, stated the access is on County
Road (CR) 70, mentioned the Drainage Report was complete, and indicated there will be a Road
Maintenance Agreement during construction.
Lauren Light, Department of Public Health and Environment, indicated there was no
additional information since the last hearing.
El Matt Norton represented the applicant and presented his PowerPoint slides to address the
concerns of the last hearing. He displayed images of the site and the proposed landscaping, and
indicated there is the possibility for a future substation. He reviewed the color scheme and
compatibility changes of the buildings, per the request of the Board. In regard to obtaining
additional land, Mr. Norton explained it is not the desire of Rocky Mountain Midstream (RMM) to
purchase additional land and stated, even if additional land could be leased, he felt he could not
guarantee it would remain in agricultural production. He presented the noise model for a similar
station, Mustang Compressor Station, which is able to meet the respective noise levels, therefore,
the proposed compressor station is expected to meet the noise standards. He stated RMM's
consultant is working to finalize the noise model, which will be filed with the County prior to
construction.
la In response to Commissioner Moreno, Mr. Norton clarified if there were to be a phase three,
it would include electric motors. He further explained where the compressor station of phase three
would be located on the site and confirmed the life of the project will be 20 or more years.
• Hazel Frank, surrounding property owner (SPO), indicated she received the noise model the
day before the hearing and explained the ambient noise levels were taken at the quarter section
lines and not the lease lot boundary lines. She expressed concerns with the residential noise
standard, the building modifications, and the gas being obtained from Broomfield County, and
requested the Board protect the residents of Weld County.
• Bill Wycoff, SPO, expressed concerns with the comparison of the facilities, specifically the
noise contribution difference. He noted the type of engines that will be used at the facility and the
pollution the engines will produce.
IR Mr. Norton explained why they spread out the ambient sample points and stated the noise
study is aimed to meet the noise standard at the property lines. He addressed the building
modification concerns mentioned by Ms. Frank, and indicated RMM has a footprint in Weld
County, regardless of where the proposed building will be obtaining the gas from. He referenced
an image from the Mustang Compressor Station noise model and further explained the decibels.
He described the noise modeling process and how they address bad factors, stated he had no
comment on the engine size, and mentioned his experience with the size and noise of motors.
• In response to Commissioner Conway, Mr. Norton clarified a tax benefit analysis has not
been done and estimated the Weld County resident tax benefit.
2019-1041
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 3
• In response to Chair Kirkmeyer, Mr. Norton stated the preliminary noise study indicated the
residential noise standard cannot be met at various locations, therefore, RMM is not planning to
lower the noise levels. He restated the final noise report had not been completed for the proposed
site, and indicated it will be submitted to the County once complete. He mentioned the possibility
for an additional continuance to obtain the completed noise report, reiterated consistency with the
Mustang Compressor site ambient noise levels and, in response to Commissioner Moreno,
clarified the noise model will be done for the ten (10) acres and not the entire parcel.
• In response to Commissioner Conway, Mr. Norton stated the residential noise standard will
be maintained where it is already met, but not where the noise levels already exceed residential
standards. After further discussion regarding the noise, Mr. Choate clarified the requirements of
the 19th Judicial District to include competent evidence to support that the applicant can meet the
noise standard. He referenced the Mustang facility noise study and evaluated the ambient noise
levels taken at the proposed site.
In response to Chair Kirkmeyer, Mr. Norton indicated the final noise report would be done in
approximately four (4) to six (6) weeks and would be submitted to Planning Staff the day it was
received back. He suggested April 8, 2019, as a continuance date if a final noise model is required
for approval.
• Chair Kirkmeyer reiterated her concerns previously entered into the record regarding the
Subdivision Exemption (SE) and buffering. She explained her hesitation with allowing the SE and
stated, if allowed, it would become an existing surrounding land use, which could alter the use of
the remaining 155 -acre parcel. She indicated she was not in support and did not feel the
application met the intent of the A (Agricultural) Zone District, nor is it compatible with existing or
future land uses. She mentioned a use has to be considered "non -permanent" to be allow as a
SE, per the County Code, and stated the proposed use would be permanent. O In response to
Chair Kirkmeyer regarding the allowance of a SE, Mr. Gathman stated a SE can be used for an
oil and gas support facility, per the Code, and mentioned there are examples that have already
been approved. Chair Kirkmeyer referenced Subdivision Exemption Section 24-8-30, and
Mr. Gathman explained upon completion of the use, the USR would have to be vacated. There
was discussion regarding the difference in definition of "non -permanent", and "temporary".
Mr. Choate explained the Board has the purview to interpret the Code; however, it needs to be in
a consistent manner. There was additional discussion regarding Rule 106 risks, and the
interpretation of "non -permanent" facilities. e Commissioner Freeman spoke from a
landowner's perspective, mentioned his definition of a "non -permanent" facility, and suggested
the application change from a SE to a Recorded Exemption (RE), which would require a new USR
for any other use on the remainder of the 155 -acre parcel. There was additional discussion
regarding a buffer, the definition of "non -permanent", the Regional Urbanization Area (RUA), and
the agricultural zoning. Chair Kirkmeyer argued a compressor station is not an agricultural use,
and explained the use does not meet the criteria under Section 23-2-230.B.1, which requires
consistency with the Comprehensive Plan. After further discussion, Commissioner Conway
mentioned the noise concerns and reflected on the results of the Martin Marietta case. He stated
he was in favor of a continuance to obtain the finalized noise study, and Chair Kirkmeyer
confirmed additional facts from the Martin Marietta case regarding the related noise concerns.
2019-1041
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, CIO ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 4
el Chair Kirkmeyer confirmed the Board was agreeing to a continuance, Commissioner James
stated there will need to be a noise study prior to approval, and Commissioner Moreno indicated
he did not disagree with the previous comments made; however, the definition of "leasing" is a
temporary use. Chair Kirkmeyer stated she could not approve the application as presented
provided her reasoning, and reiterated concerns about fencing. She suggested the continuance
be eight (8) to ten (10) weeks out from the present date and asked staff to address the SE.
Commissioner Freeman stated his only concern was with noise mitigation, and Commissioner
Conway concurred. He additionally suggested the applicant discuss concerns regarding the
appearance of the buildings with neighbors, and clarified the future site plan at full buildout to
include landscaping. Chair Kirkmeyer requested the applicant show on the site plan what the
landscaping would include should there be a substation present.
IR Mr. Norton reiterated the request for the continuance and staff provided potential dates for
the continuance. After further discussion, the Board agreed to continue the case to Monday,
May 6, 2019, at 9:00 a.m.
Commissioner Conway moved to continue the request of Gary Howard, John and Diana
Howard, and D&C Farms, LLLP, c/o Rocky Mountain Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0106, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (compressor station facility)
along with a 60 -foot communication antenna in the A (Agricultural) Zone District, to May 6, 2019,
at 9:00 a.m., to ensure the building is visually mitigated to match the neighborhood, revisit
buffering and fencing on the site, finalize and submit a noise report specific to the site, and to
allow staff to address the Subdivision Exemption concerns voiced by the Board. The motion was
seconded by Commissioner Freeman, and Chair Kirkmeyer stated the public will be able to
provide additional comments at the next hearing, if changes are made to the Conditions of
Approval and Development Standards. The motion carried unanimously and, there being no
further discussion, the hearing was completed at 10:41 a.m.
2019-1041
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 5
This Certification was approved on the 13th day of March, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COJLORADO
ATTEST: demos) w ;ok
Weld County Clerk to the Board
BY: G-
Deputy Clerk to the Board
AP' O ED A
ounty ttorney
Date of signature: (')S(Qg(19
arbara Kirkmeyer,, Chair
Sean P. Conwa
Steve Moreno
Mike Freeman, PTem
2019-1041
PL2627
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