HomeMy WebLinkAbout20190383.tiffHEARING CERTIFICATION
DOCKET NO. 2018-142.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0099, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, OIL AND GAS
SUPPORT AND SERVICE, NATURAL GAS COMPRESSOR FACILITY, ONE (1) UP TO
100 FEET IN HEIGHT SECURE COMMUNICATIONS TOWER, A TEMPORARY
LAYDOWN AND STORAGE YARD, UP TO EIGHT (8) CONSTRUCTION OFFICE
TRAILERS AND SIXTEEN (16) CONEX CONTAINERS FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O DCP OPERATING
COMPANY, LP
A public hearing was conducted on January 23, 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, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated November 13, 2018, and duly published
November 19, 2018, in the Greeley Tribune, a public hearing was conducted on December 19,
2018, to consider the request of Bonanza Creek Energy Operating Company, LLC, c/o DCP
Operating Company, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0099, for a Mineral Resource Development Facility, Oil and Gas Support and Service,
Natural Gas Compressor Facility, one (1) up to 100 feet in height secure communications tower,
a temporary laydown and storage yard, up to eight (8) construction office trailers and sixteen (16)
conex containers for use during the construction of the facility in the A (Agricultural) Zone District,
at which time the Board deemed it advisable to continue the matter to January 23, 2019, to allow
for a full quorum to be present. Frank Haug, Assistant County Attorney, made this a matter of
record.
la Kim Ogle, Department of Planning Services, stated staff received electronic mail from the
applicant's representative, Patrick Groom, requesting a continuance of the hearing to March 6,
2019, to allow DCP additional time to address the concerns of neighbors.
Patrick Groom, Witwer, Oldenburg, Barry and Groom, LLP, represented the applicant and
explained, following the last hearing, there was a community meeting scheduled and conducted
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HEARING CERTIFICATION - BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O
DCP OPERATING COMPANY, LP (USR18-0099)
PAGE 2
on January 17, 2019. He stated approximately ten (10) surrounding landowners attended the
meeting, and DCP feels they have addressed the concerns onsite; however, the opposition that
remains is regarding the location of the compressor station. He mentioned DCP has other
concerns with respect to the property that need to be addressed and is proposing to continue the
matter to allow time to determine if another site location better suits DCP's needs with respect to
the project. He indicated the applicant could make the determination for another site location, or
withdraw the case and pursue other options by the proposed March 6, 2019, hearing date. He
explained they does not believe it makes sense to go through the hearing on a matter that may
not be pursued and reiterated the request for a continuance. Mr. Groom stated many of the
surrounding property owners (SPO) requested not continuing the matter into the farming season,
and included he will be out of the state the week after March 6, 2019.
Eric Millage, SPO, stated support of the continuance primarily because DCP is exploring
another site location. He expressed concern regarding the timing and reiterated April is a busy
time for farmers. Chair Kirkmeyer explained if the Board is in favor of a continuance, March 6,
2019, would not work for the Board, and after further discussion the Board proposed Monday,
March 25, 2019, as a possible continuance date.
Ei Noblet Danks, SPO, indicated she did not want a continuance and wanted the hearing as
scheduled. She discussed the hearing continuance that occurred on December 19, 2018, and
expressed continuances appear to be requested to hurt the opposition. She stated she had to
change travel plans to be present at the previous present hearing and reiterated the reasoning
for the applicant's request to continue. She restated granting the continuances is a tactical
strategy lawyers use to make cases take longer, and ultimately win. Ms. Danks mentioned
everyone except the SPOs are getting paid to be present at the hearing and referred to a
notification to the neighbors regarding the continuance (Exhibit H), which stated the applicant
wanted to explore alternative locations. She indicated DCP has been considering alternative
locations since 2014, and stated there needs to be a more valid reason for a continuance. She
mentioned the Board has worked with DCP previously and have experienced them asking for
exemptions to the zoning map since 2014, and also continuances. She stated the Board does not
know the neighbors, whose lives would be impacted by the proposed use. Ms. Danks stated the
SPOs have no leverage in convincing the Board to only continue the hearing for a good reason,
and indicated DCP has leverage in getting their project approvals and expressed concerns
regarding conflicting schedules to a future hearing. In response to Chair Kirkmeyer, Ms. Danks
indicated she can be present at a March 25, 2019, hearing to her current knowledge and Chair
Kirkmeyer clarified people other than the applicant are allowed to request a continuance.
ei Mr. Groom indicated March 25, 2019, will work for the applicant as a continuance date.
Commissioner Moreno moved to continue the request of Bonanza Creek Energy Operating
Company, LLC, do DCP Operating Company, LP, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0099, for a Mineral Resource Development Facility, Oil and
Gas Support and Service, Natural Gas Compressor Facility, one (1) up to 100 feet in height secure
communications tower, a temporary laydown and storage yard, up to eight (8) construction office
trailers and sixteen (16) conex containers for use during the construction of the facility in the
2019-0383
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HEARING CERTIFICATION - BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O
DCP OPERATING COMPANY, LP (USR18-0099)
PAGE 3
A (Agricultural) Zone District, to March 25, 2019, at 10:00 a.m., to allow the applicant time to
consider an alternative location and work on the remaining concerns of surrounding property
owners. The motion was seconded by Commissioner James and Commissioner Conway stated
he was in favor of the continuance to ensure the applicant continues to work with the neighbors.
Chair Kirkmeyer indicated her support of the continuance for the reasons provided by the
applicant and included, if Ms. Danks contacted her and requested a continuance, she will request
a continuance to be fair to the SPOs and Commissioner Conway agreed. The motion carried
unanimously.
Bill Danks, SPO, indicated he filed a Motion for Stay (Exhibit O), and stated the
Commissioners sit as judges. He explained his motion is for a stay of all other proceedings and
mentioned the Board is spending a lot of time acting judges, when the hearings should be heard
by administrative judges who are not involved in the executive and legislative branch of County
government. He further requested Mr. Groom and Bruce Barker, Weld County Attorney, consider
Article III of the State Constitution, which prohibits the Board from acting as judges. He expressed
he felt it would benefit the Commissioners and Weld County because there is a problem with trust.
He reiterated his Motion for a Stay until the Board enacts administrative procedures for zoning
cases in Weld County. He referenced the State Constitution, stated he was offering a suggestion
that would benefit the Board and the County, and reiterated his request to have Mr. Groom and
Mr. Barker evaluate the issues he presented. He further requested it be submitted in writing to
himself and the Board as to whether there is any merit in his concept. He provided an example of
a pipeline by DCP in Texas, and reiterated his proposal would be good for the government and
would take the judicial hearings away from the Board and give them to independent judges for
the satisfaction of a fair trial.
El Chair Kirkmeyer stated the Board will consider the submitted Motion for Stay under the
advisement of the County Attorney. She further explained as County Commissioners they sit in a
quasi-judicial nature, and are the only area of government that "wears all three hats of
government"; executive, administrative, legislative, and quasi-judicial roles and responsibilities.
She indicated the rules and procedures of the Board for Land Use hearings are specifically
defined in Statute and although they are considered an arm of state government, they are not
considered a legislative body only, or an executive body only. She referred Mr. Danks to the
County Attorney if he would like the location of the criteria in the State Statute, and stated the
Board will not direct anyone else's attorney on what to do. She reiterated the Board will take
Mr. Dank's comments under advisement and stated they are aware of the filed motion, to be
addressed by the County Attorney.
There being no further discussion, the hearing was completed at 12:43 p.m.
2019-0383
PL2617
HEARING CERTIFICATION - BONANZA CREEK ENERGY OPERATING COMPANY, LLC, C/O
DCP OPERATING COMPANY, LP (USR18-0099)
PAGE 4
This Certification was approved on the 28th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
WE)_D COUNTY, COLORADO
ATTEST:
aarbara Kirkmeyer,/Chair
Weld County Clerk to the Board
BY:
Deputy Cler
Mike Freeman, Pro-Tem
Date of signature: 2-21-19
outyy Attorney
2019-0383
PL2617
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