HomeMy WebLinkAbout20190854.tiffHEARING CERTIFICATION
DOCKET NO. 2019-07.C
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 February 25, 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:
la 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 again continued to February 25, 2019, to allow the
applicant adequate time to gather additional information regarding electric motors, and finalize
the landscaping plan. Bob Choate, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, reflected on the previous hearing and
indicated there were six (6) additional exhibits added to the record since the last hearing. He
provided the adjacent County roads and presented a brief summary of the proposal. He stated
the proposed facility is going to be located on a Subdivision Exemption parcel, SUBX18-0031,
which is approximately ten (10) acres in size on a 155 -acre parcel. Mr. Gathman indicated it will
be an unmanned facility and portable toilets and bottled water are proposed. He mentioned there
were comprehensive changes to the Landscaping and Screening Plan, which will be clarified
further by the applicant. He described the surrounding uses, indicated there was a neighborhood
meeting on June 12, 2018, and reviewed the notes from the meeting. He stated the site is located
within the three (3) mile referral areas of the Cities of Northglenn and Dacono, and reviewed the
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HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
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referrals from the municipalities. Mr. Gathman mentioned the proposed facility is located on
property designated as "Prime", and provided images of the site and surrounding views. In
response to Commissioner Moreno, Mr. Gathman confirmed there is a Residential noise standard
and Chair Kirkmeyer clarified the Subdivision Exemption is not separating the parcels, it is just
confining the use to the ten (10) acres. Lastly, he entered the favorable recommendation of the
Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, stated the Department of Public
Works had no conflicts with the proposed access application and indicated a Road Maintenance
Agreement (RMA) will be required during construction. She suggested deleting Condition of
Approval (COA) #1.C (drainage report) because it had been completed.
• Ben Frissell, Department of Public Health and Environment, reitereated there will be no
permanent employees at the site, and portable toilets and bottled water can be used during and
after construction. He mentioned there were no changes since the last hearing, Development
Standards (DS) #14-29 address Environmental Health (EH) items, and restated there will be a
Residential noise standard.
• Matt Norton, applicant, displayed a PowerPoint presentation and mentioned there were some
additional slides that had not yet been presented from the previous hearing. He displayed and
described images of the site, including the full buildout, and various angles. He stated the site is
broken up into four (4) different segments, described the proposed landscaping on each of the
segments, and provided photos of an existing facility similar to the proposed facility. He further
explained the full buildout as presented; however he clarified not everything presented will be built
immediately; the purpose is to avoid having to go before the Board again. He stated phase one (1)
would have to be completed prior to the consideration of expansion for phase two (2). He
discussed the Colorado Department of Public Health and Environment (CDPHE) air permitting
process and mentioned the proximity to the Regional Urbanization Area (RUA). He indicated
where wells are located in the surrounding area and compared natural gas to electric motors. He
explained how the gas motors are more economically efficient, and provided an overview of other
projects that use electric motors.
▪ Chair Kirkmeyer confirmed there will be natural gas driven compression and not electric
motors, contrary to what was said at the previous hearing. In response to Commissioner James
regarding CDPHE permits for phase one, Mr. Norton stated the permits had not been obtained
and the Broomfield Compressor station was currently being noticed to the public. In response to
Chair Kirkmeyer, Mr. Norton explained the reasoning for naming the compressor station after
Broomfield when it is in Weld County, and after further conversation, Chair Kirkmeyer clarified the
proposed compressor station in Weld County will be serving sites in the City and County of
Broomfield.
CI Bill Wycoff, surrounding property owner (SPO), reflected on negative outcomes from other
similar facilities and displayed images of those facilities to show the lack of visual mitigation,
buffering space, and poorly constructed structures. He referenced and described the materials he
had submitted since the last hearing (Exhibits I, K, L, and N), and explained the pros and cons of
2019-0854
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HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP 0/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
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renewable energy. Commissioner Conway informed Mr. Wycoff of his knowledge of the
decrease in the OZONE since 2006. In response, Mr. Wycoff expressed his opinion of progressing
toward cleaner air.
• Hazel Frank, SPO, stated when she originally contracted her property, she had no idea the
oil and gas industry growth that would occur around her. She expressed satisfaction regarding
the landscaping and asked about the fencing maintenance. She briefly mentioned the noise and
the Dark Sky Policy, and stated she did not understand why the compressor station would be in
Weld County to gather from Broomfield County, when there is land available in that county. She
indicated, if approved, she will be "sandwiched" between the proposed facility and an Elevation
facility. In response to Chair Kirkmeyer, Ms. Frank explained the buildings at the Elevation
Compressor station will look like barns and stated they had done a good job on designing the
buildings to fit in with the appearance of the neighborhood. She expressed hope that Weld County
can encourage people to move in a greener direction.
• Mr. Norton reflected on the public testimony and stated he could not speak to sites that were
not his company. He referenced the changes to the visual mitigation since the last hearing on
January 9, 2019, and with regard to air permitting and the environment, indicated Colorado has
some of the most stringent environmental permitting and compliance requirements in the country.
He summarized the permitting requirements for Colorado and expressed he does not believe
electric motors, solely, will reduce emissions. He explained how electric motors work and
indicated Rocky Mountain Midstream (RMM) tests lower than expected in emissions testing. He
discussed the emissions reports, and regarding the facility serving outside of Weld County, he
argued the producer will still leave a footprint in Weld County and provided the reasoning.
• In response to Commissioner James, Mr. Norton explained the site selection and the primary
factors that were considered. In response to Commissioner Conway, Mr. Norton provided an
estimated cost of the project that will be assessed in Weld County.
El In response to Chair Kirkmeyer, Mr. Norton provided the name of the referenced producer for
RMM and indicated RMM is leasing the ten (10) acres from the owner of the parcel. He confirmed
the landscaping is included within the ten (10) acres and mentioned the size of the trees that will
be planted and the length of time it will take for them to grow. He indicated there will be a tank
onsite for irrigation to supply a drip system, and stated the length of the operation for the
compressor station will depend on the political climate. Chair Kirkmeyer mentioned the COA and
Development Standards (DS) for the Elevation site previously mentioned. In response to Chair
Kirkmeyer regarding changing the appearance of the buildings, Mr. Norton expressed he did not
feel changing the appearance of the facility would change people's opinions of its existence,
therefore, the applicant would not be open to changing the appearance of the facility. After further
discussion, Mr. Norton classified the site as an oil and gas support facility and stated it
supplements the agriculture in Weld County.
• There was much discussion regarding how the application does and does not meet the criteria
of the Weld County Code. Chair Kirkmeyer asked Mr. Norton how the application was consistent
with the intent of the A (Agricultural) Zone, to which he reiterated oil and gas is a supplement to
2019-0854
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP CYO ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 4
agriculture and agricultural activities. Similarly, Chair Kirkmeyer asked how the application meets
Chapter 22 of the Comprehensive Plan, specifically A.Policy 2.2 and A.Policy 2.3. Mr. Norton
explained the income from the oil and gas activities and the partnership with the landowners that
are supplying the gas, and reiterated RMM does not own the gas or the liquids. He explained
RMM provides a service for producers, continues to pay royalties and meets the needs of the
agricultural community. In response to Chair Kirkmeyer, Mr. Norton reiterated RMM does not own
the mineral rights; however, they provide a lifting and producer service. Mr. Norton explained how
the proposed facility would fit in with the surrounding uses and provided examples of midstream
companies which are located within city limits. Concerning preserving prime, agricultural land,
Mr. Norton responded to Chair Kirkmeyer stating there are many uses of land that generate
review, including oil and gas.
In response to Chair Kirkmeyer, with regard to Section 24-8-30 of the Weld County Code,
creating a Subdivision Exemption lot to allow a processing plant, Mr. Gathman referred to the Oil
and Gas Support and Service definition found in Section 23-1-90, and there was discussion
regarding the definition of a permanent use and whether 20-30 years is considered a temporary
or permanent use.
In response to Chair Kirkmeyer, the Board requested moving forward with changes to the
COA and DS. Commissioner Freeman suggested adding "attempt to" in COA #1.A (Brighton Fire
Rescue District referral) and adding "during construction" to COA #1.6 (Road Maintenance
Agreement).
In response to Chair Kirkmeyer, Mr. Norton stated the manual shutoff is standard practice,
but was not sure if it was included in the Lighting Plan. She further inquired about the irrigation in
the Landscaping Plan, and Mr. Gathman developed language to include in COA #1.F to address
the irrigation.
Chair Kirkmeyer explained there is a requirement for buffering in the Regional Urbanization
Area (RUA), and provided examples of other facilities in which the Board requested/required
buffering of the proposed site. After further discussion, Mr. Norton clarified this request is not for
a gas plant and the applicant does not own the land, and he reiterated the site is outside of the
RUA. He explained he could not agree to the buffering because he did not know if it was possible.
There was additional discussion regarding the landscaping, buffering, and Recorded Exemption,
and Chair Kirkmeyer clarified for Commissioner James the requirements and inclusions of an
RUA.
In response to Chair Kirkmeyer regarding buffering, Mr. Norton restated he could not agree
to the buffering today because he would need to obtain the land from the landowner and get the
approval from RMM, therefore, there would need to be a continuance. Chair Kirkmeyer agreed
there may need to be a continuance, provided examples of other midstream companies that lease
their land to farmers to be farmed, and requested the buildings look more compatible with the
area. O After further discussion regarding the RUA, Mr. Norton explained he did not know the
length of the lease, and in response to Commissioner Moreno, he stated RMM is not opposed to
buying the parcel rather than leasing.
2019-0854
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HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 5
Discussion continued regarding the future development of the site and the surrounding area,
and Chair Kirkmeyer stated the landscaping needs improvements to become compatible with the
area. She explained the applicant's burden of proof is to demonstrate how the application meets
the criteria of the Code and stated she felt the applicant had not yet done that. Commissioner
Conway suggested the Board continue to go through the Resolution, and the Board agreed.
El Chair Kirkmeyer stated COA #1.H.8 would need modifications as she did not believe County
Road 17 was paved. With regard to a previous discussion, Mr. Norton indicated RMM has a
30 -year lease with the owners of the property. Chair Kirkmeyer requested additional language to
DS #4 regarding landscaping in the near future, and provided specifics of the changes she wanted
to see in the proposed plan. In response to discussion about DS #11, Mr. Norton indicated there
will not be an antenna at the site. Chair Kirkmeyer requested portable toilets be screened (DS
#19), and further stated the applicant needs to ensure the motors meet the noise standard. She
reiterated the site needed to be compatible with the surrounding area and look more agricultural
in nature and explained why the compatibility is an issue. After further discussion regarding the
design of the buildings, Chair Kirkmeyer proposed continuing the hearing until March 11, 2019,
to allow the applicant time to change the appearance of the buildings, consider a buffer, and add
to the Landscaping Plan.
El Commissioner Freeman suggested if the application was approved today, a COA could be
added to require the Landscaping/Screening Plan to be approved by the Board prior to
construction. In response to Chair Kirkmeyer, Mr. Norton stated there were plans to do a predictive
noise model of the site. After additional discussion regarding the noise study, the Board discussed
a continuance date, future development of the site, and the responsibility of the Board and the
applicant when considering a USR.
El 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
March 11, 2019, at 9:00 a.m., to allow the applicant additional time to amend and complete the
Landscaping/Screening Plan, and have discussion with regard to the buffering. The motion was
seconded by Commissioner Moreno, and Chair Kirkmeyer clarified there will be allowance for
additional public comment at the next hearing. Mr. Norton clarified the concerns of the Board that
need to be addressed prior to the next hearing and the motion carried unanimously. There being
no further discussion, the hearing was completed at 12:02 p.m.
2019-0854
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP 0/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 6
This Certification was approved on the 27th day of February, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datittio `1C' moo; ti
Weld County Clerk to the Board
BY: 4'
Deputy Clerk Boar
y
rney
Date of signature: 5-8-n
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Conway
Steve Moreno
2019-0854
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