HomeMy WebLinkAbout20190056HEARING CERTIFICATION
DOCKET NO. 2019-07.F
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 May 8, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
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 Baizano
Health Department representative, Lauren Light
The following business was transacted:
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, 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, 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; and again to May 8, 2019, to allow a full quorum of the Board to be present. Bob
Choate, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and indicated the site will be on a ten (10) acre Subdivision Exemption parcel and is proposed to
be unmanned. He stated portable toilets and bottled water will be used during construction and
mentioned there has been much discussion on landscaping and screening. He reflected on the
discussion that occurred at the last hearing concerning a compressor station, buffering; and a
final noise model.
t2- PL (C6ITP) , PNI LRVS , EMU_L)
l3q I R0124101
2019-0056
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, 0/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 2
There were no additional comments from Hayley Balzano, Department of Public Works, and
Lauren Light, Public Health and Environment, noted the noise level was set to residential.
Matt Norton represented the applicant and stated there was a noise study completed, which
suggested scenario two (2) with the addition of the sound wall. He addressed visual compatibility,
as brought forth in the last hearing, and referred to a PowerPoint presentation to display images
of potential color schemes and the sound wall. He reviewed the noise model scenarios findings
and requested flexibility to consider either natural gas or electric driven engines. In addition,
Mr. Norton requested the flexibility to add additional landscaping if requested by future neighbors.
tEl Hazel Frank, surrounding property owner (SPO), stated she lives in an
Agricultural/Residential zone, and if approved, she will be "sandwiched"between two (2) industrial
uses. She indicated the applicant had addressed her concerns for noise, and expressed concerns
for additional pollution.
a Bill Wycoff, SPO, provided a handout (Exhibit W) and explained concerns with carbon dioxide.
He referred to an article and chart in the handout to describe the emissions from engines
comparable to the proposed engines. In response to Commissioner Conway, Mr. Wycoff stated
he was in support of the applicant considering electric motors.
a Mr. Norton stated he did not have any specific comments, agreed with the carbon footprint
statements and expressed the footprint can be lessened with natural gas.
In response to various questions from Chair Kirkmeyer, Mr. Norton displayed and described
the Landscaping Plan, estimated the proposed buffer was six (6) to ten (10) feet in width, and
confirmed the sound walls were included in scenario two, which is the recommended scenario.
Responding further to Chair Kirkmeyer, Mr. Norton explained the location of the substation and
the landscaping should the substation be built. Additionally, Mr. Gathman clarified the USR is for
the compressor station and stated a substation would not require its own USR. There was
additional discussion regarding the compressor station, substation, and motors, and in response
to Chair Kirkmeyer, Mr. Norton described the landscaping for the northeast corner.
Mr. Gathman clarified the substation was not in the application questionnaire; however, it was
included in the site map. Ms. Balzano provided a map to use as a scale reference, and the buffer
was estimated to be 100 feet wide.
a In response to Chair Kirkmeyer, Mr. Norton indicated he had no comments or concerns
regarding the Conditions of Approval (COA) or Development Standards (DS).
Commissioner James provided findings in support of compatibility with surrounding uses, and
stated his appreciation for Mr. Norton's efforts. Commissioner Moreno and Commissioner
Freeman concurred. Chair Kirkmeyer questioned the application's compatibility or meeting the
intent of the Agricultural Zone District. She agreed with Commissioner James' comments on
Mr. Norton's efforts, and stated with changes to the COA and DS she felt they could get to an
application that works for all parties.
2019-0056
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 3
2 In response to Chair Kirkmeyer regarding the deleted COA #1.A (requirements of the Brighton
Fire Rescue District), Mr. Norton explained the requests of the Fire District and how they comply.
Chair Kirkmeyer confirmed with Mr. Norton the requirements of the Dark Sky Policy, and she
suggested adding language for the irrigation and buffer area of the landscaping in COA #1.F.
There was additional language regarding the landscaping and buffer, and concerning scenario
two of the noise survey, the Board agreed to add "to include a 10 -foot acoustic wall"to COA #1.E
regarding the Noise Mitigation Plan. Commissioner Conway stated CR 17 is a gravel road, which
needed to be changed in COA #1.H.8. In response to public testimony, Chair Kirkmeyer
suggested adding a DS to include the allowance of natural gas engines or electric motors.
Commissioner Freeman requested adding "during construction" to DS #34 (Road Maintenance
Agreement) and to additionally clarify it applies to the property owner or the operator. The Board
agreed to add the Dark Sky Policy language into DS #7 (Lighting Plan), and Mr. Choate provided
the language for a new DS #3 to state, "Compressors may be powered by natural gas engines or
electric motors."After further discussion regarding electric motors and the substation, the Board
agreed to add the new DS #3.
la Mr. Norton stated he had no additional comments or requests regarding the Conditions of
Approval and Development Standards.
Chair Kirkmeyer opened the hearing for testimony concerning the amended COA and DS.
Mr. Wycoff indicated he would be sharing the outcome and requirements of the hearing with other
surrounding property owners.
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.
2 Commissioner Freeman moved to approve 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, 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,
who mentioned the hearings had been a good learning experience for him and thanked Mr. Wycoff
and Ms. Frank for their presence and input. Commissioner Moreno thanked Mr. Norton for his
patience, and also thanked Mr. Wycoff and Ms. Frank for their participation. Commissioner
Freeman echoed the comments of the other Commissioners, thanking everyone for their hard
work and cooperation. Commissioner Conway concurred, and mentioned the progress toward
electric motors. Chair Kirkmeyer thanked Mr. Wycoff and Ms. Frank for their persistence and
making the USR better for the community. She also thanked Mr. Norton for working with the
neighborhood and invited him to get involved with their community. The motion carried
unanimously and, there being no further discussion, the hearing was completed at 3:05 p.m.
2019-0056
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, CIO ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 4
This Certification was approved on the 13th day of May, 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: thJ
Weld County Clerk to the Board
BY: C
e Board
APPROVED AS TO FORM:
c
4Of- County Attorney
Date of signature:
42-45
W
D COUNTY, CO RADO
it�tt� ,
Barbara Kirkmeyer yer
lltarChair
Mi e Freeman, Prom
Con
Sea P. 4o t' K. James
2019-0056
PL2627
ATTENDANCE LIST
lair 5, 2_p l� I Oar
NAME - PLEASE
PRINTLEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
e,ono. £ ��L0a�1�
Tsrac.o3
/e_,659wcczy >��4,,�o
Uc,vr�ca„ 95s6,9,1.a.l'Ca"-
y
/12AfyI
; c Ere ells
frp6tl3
145-,s tJCiz 51 ,irt��ttd,
/.l dab/Nag/1e_ CQ &Jinni .e.ovn
yLi,-elei
(4/41
JAD, u5.UWHe'EaEP.-
524 CR/7 A7eritrnor
l..
-i- 1./eP /ei
uP/'fr��,,. 5 !
.n,Y/.;(moo
/122 C. Cot. .4ee.. co earn
/
thillio-,e La. -7
tic/of
��v
%V(J�t+SY\
yI06I Ska�-4.rng t� Co
✓1ctir%l7(i!/IV�5M5, Ga'Pw
W�(�
,Y/
11G z€c (&c<<
�sa6 �� S ai k}0tA
Akazel fcc�.A.lg. P. �.co�
We A.
Y
3 ill Ga e o
33 3 Cie / 9-r Zsh1-�
tUcoYcOFr&\) J'S Po/,Cofr t
w4(
y
y
Hello