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HomeMy WebLinkAbout20191759.tiffHEARING CERTIFICATION DOCKET NO. 2019-57 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0012, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE FACILITY (EIGHT (8) GAS COMPRESSORS AND RELATED EQUIPMENT) AND UP TO TEN (10) CONSTRUCTION OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - MICHAEL BOULTER FARMS, LLC, C/O ROCKY MOUNTAIN MIDSTREAM, LLC A public hearing was conducted on May 15, 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, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Maxwell Nader Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated March 27, 2019, and duly published April 3, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Michael Boulter Farms, LLC, c/o Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0012, for Mineral Resource 'Development Facilities including Oil and Gas Support and Service Facility (eight (8) gas compressors and related equipment) and up to ten (10) construction office trailers and ten (10) conex containers for use during the construction of the facility in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. a Maxwell Nader, Department of Planning Services, presented a brief summary of the proposal, mentioned the facility yard will be fully fenced, with native grasses on the outside of the fencing, described the onsite equipment, and explained gas will be piped to the Fort Lupton and Keenesburg gas plants. He stated no correspondence had been received regarding the application, referrals were sent to 20 agencies and 13 responded. He noted the site is in the three (3) mile referral area of the Cities of Greeley and Evans, and Towns of Kersey and LaSalle. He displayed images of the site and surrounding uses, mentioned the Subdivision Exemption, SUBX19-0002, lot will be ten (10) acres, but only four (4) acres will be disturbed, and entered the favorable recommendation of the Planning Commission into the record as written. CL` I Vt_ CMaiTPiSUNUP) > rcF4CPiG) LAIILu12O19 2019-1759 PL2665 HEARING CERTIFICATION - MICHAEL BOULTER FARMS, LLC, CIO ROCKY MOUNTAIN MIDSTREAM, LLC (USR19-0012) PAGE 2 Evan Pinkham, Department of Public Works, provided a brief overview of the transportation plans and requirements, and indicated access is on County Road (CR) 45. He provided traffic counts, average speeds and daily roundtrips, and stated the Department of Public Works (PW) is requiring tracking control as well as a Road Maintenance Agreement (RMA) during construction, and presented the drainage and grading requirements. In response to Commissioner Freeman, Mr. Pinkham confirmed the RMA is required during construction only. a Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and stated there will be no employees onsite post construction, and portable toilets and bottled water are acceptable during and after construction. He mentioned only small amounts of fuel will be stored onsite, and Development Standards (DS) #17-32 address Environmental Health items. a Matt Norton, Rocky Mountain Midstream, LLC, represented the applicant and provided project details, displayed images of the 24 -foot -wide access road, site layout, proposed landscaping, and described noise modeling scenarios. He requested two (2) changes to the Conditions of Approval (COA) and DS including the ability to use electric motors, and a commercial noise level. a No public testimony was offered concerning this matter. IR Chair Kirkmeyer suggested adding "during construction" to COA #1.A (RMA), "landscaping" to COA #1.D (landscaping/screening plan), and "including the Dark Sky Policy" to DS #8 (lighting plan), and the Board agreed. In response to Commissioner Conway, the Board discussed the definition of "public view' and agreed to change the language in DS #22 to "and public rights -of -way/'. Per Mr. Norton's request, Chair Kirkmeyer suggested changing DS #27 (noise level) from "residential' to "commercial", adding "during any construction period" to DS #37 (RMA), and deleting DS #38 (RMA annual review), and the Board agreed. Mr. Choate suggested, and the Board agreed to add a new DS #4 to read, "Compressors may be powered by natural gas engines or electric motors." 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 with regard to the changes to Conditions of Approval and Development Standards. Commissioner Freeman moved to approve the request of Michael Boulter Farms, LLC, c/o Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0012, for Mineral Resource Development Facilities including Oil and Gas Support and Service Facility (eight (8) gas compressors and related equipment) and up to ten (10) construction office trailers and ten (10) conex containers for use during the 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 2019-1759 PL2665 HEARING CERTIFICATION - MICHAEL BOULTER FARMS, LLC, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR19-0012) PAGE 3 amended. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:18 a.m. This Certification was approved on the 20th day of May, 2019. 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