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HomeMy WebLinkAbout20191346HEARING CERTIFICATION DOCKET NO. 2019-59 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0129, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY, (COMPRESSOR STATION FACILITY) ALONG WITH A 60 -FOOT COMMUNICATION TOWER AND NO MORE THAN NINE (9) CONSTRUCTION TRAILERS AND CONEX STORAGE CONTAINERS TO BE UTILIZED TEMPORARILY DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - MATTHEW AND LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC A public hearing was conducted on April 10, 2019, at 10:00 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 Department representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated February 22, 2019, and duly published February 27, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Matthew and Lisa Geib, c/o Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0129, for an Oil and Gas Support and Service Facility, (compressor station facility) along with a 60 -foot Communication Tower and no more than nine (9) construction trailers and conex storage containers to be utilized temporarily during construction of the facility in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. a Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and mentioned the facilities proposed to operate 24 hours a day, 365 days a year, on an approximate ten (10) acre Recorded Exemption parcel, which was conditionally approved by staff. He explained bottled water and portable toilets will be provided during construction and indicated a neighborhood meeting was held October 25, 2018, with four (4) people in attendance. Mr. Gathman stated the compressor station will be on the southwest corner of the property, explained the site is located within the three (3) mile referral areas of the Cities of Evans and Greeley, and the Town of Kersey, and within the Intergovernmental Agreement (IGA) boundaries of the Town of Kersey and the City of Evans. He reviewed the referrals from the various municipalities and explained the site is also within the Airport Overlay District. He stated the parcel is not considered "Prime" and noted there is oil and gas activity in the area. He indicated no correspondence was received from surrounding property owners (SPO) and mentioned the text Cep IrP 1 , py0 C E.P hrs) , EI+(5c.) oA II2,12oia 2019-1346 PL2667 HEARING CERTIFICATION - MATTHEW AND LISA GEIB, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0129) PAGE 2 applicant provided an updated Noise Modeling Study, and updated Landscaping Plan, Mr. Gathman provided images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record as written. . Evan Pinkham, Department of Public Works, provided a brief overview of the transportation plans and requirements, and stated access for the site is on County Road (CR) 47. He provided the latest traffic counts and average speeds, and indicated the trips per day during and after construction. He stated the Department of Public Works (PW) will require tracking control for the construction phase, and a Road Maintenance Agreement (RMA) is required for the site. Lastly, he presented the drainage and grading requirements. El Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated there will be no permanent employees at the site once construction is complete. He indicated bottled water and portable toilets will be used, mentioned small amounts of fuel will be stored on the site, and stated Development Standards (DS) #16-31 address Environmental Health (EH) items. Matt Norton, applicant's representative, presented his PowerPoint presentation, and indicated there had been no notices of violation. He reviewed a construction audit that was completed, reitereated reiterated the site is located on an approximate ten (10) acre parcel and mentioned the adjacent County roads, railroad, and oil and gas activity in the area. He explained the compressor units are housed in buildings and described the landscape mitigation. He described the site plans and indicated there will be on -site water, with a drip system. He provided a brief overview of the noise model scenarios with different noise mitigation measures. Mr. Norton stated the site will be able to comply with the proper noise limits and reviewed the safety systems at the property. He indicated they are awaiting the final Air Pollutant Emissions Notice (APEN) permit from the State of Colorado, and explained the use of quieter motors. In response to Commissioner James, Mr. Norton confirmed the facility will be constructed based on scenario two (2) of the noise model scenarios. No public testimony was offered concerning this matter. IIn response to Chair Kirkmeyer, Mr. Norton indicated there were no concerns with the Conditions of Approval and Development Standards, as presented, and stated all easements are in place. In response to Commissioner Freeman, Mr. Pinkham explained the RMA will be required during construction, and the Board agreed to add "During construction" to COA #1.A. Chair Kirkmeyer directed staff to ensure no staging of vehicles is included in the Improvements Agreement, and in response to Commissioner Moreno, Mr. Norton explained the use of gas and/or electric motors. He further explained the potential for phases, and in response to Chair Kirkmeyer, he clarified the Communications Plan with SPOs. Chair Kirkmeyer suggested changes to COA #1.D (Landscaping/Screening Plan), and after additional conversation regarding a Decommissioning Plan, Lighting Plan and Communications Plan, Mr. Gathman clarified all plans had been completed and submitted to staff. He also indicated the Recorded Exemption had been approved, and Chair Kirkmeyer requested adding the "perfecting" language to COA #7 regarding the USR completion. She clarified for the applicant, the condition does not limit the applicant from 2019-1346 PL2667 HEARING CERTIFICATION - MATTHEW AND LISA GEIB, 0/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0129) PAGE 3 grading. Chair Kirkmeyer suggesting changing DS #11 (Landscaping/Screening Plan), and after discussion regarding DS #26, the Board agreed to change the noise restriction from the Residential to Commercial Zone. Chair Kirkmeyer requested incorporating the "Dark Sky Policy" into DS #40 and Mr. Norton explained the importance of working with SPOs regarding lighting. . In response to Chair Kirkmeyer, Mr. Norton indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. No public testimony was offered regarding the changes to Conditions of Approval and Development Standards. Commissioner Freemen moved to approve the request of Matthew and Lisa Geib, c/o Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0129, for an Oil and Gas Support and Service Facility, (compressor station facility) along with a 60 -foot Communication Tower and no more than nine (9) construction trailers and conex storage containers to be utilized temporarily during construction of the 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 amended. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 12:49 p.m. This Certification was approved on the 15th day of April, 2019. BOARD OF COUNTY COMMISSIONERS WF D COUNTY, COLS' • DO . ATTEST: Waits) $ . i`- ,;, Weld County Clerk to the Board Date of signature: 5-2tiel arbara Kirkmeyer, hair Steve Moreno 2019-1346 PL2667 Hello