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Home My WebLink About20181481.tiffHEARING CERTIFICATION DOCKET NO. 2018-45 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0002, FOR OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION FACILITY AND LAYDOWN YARD FOR OIL AND GAS PRODUCTION AND OIL AND GAS SUPPORT EQUIPMENT) ALONG WITH A 70 -FOOT COMMUNICATION TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - JOHNSON FARMS, LLP, C/O KERR-MCGEE GATHERING, LLC A public hearing was conducted on May 23, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Evan Pinkham Public Works Engineer representative, Hayley Balzano Health Department representative, Ben Frissell The following business was transacted: El I hereby certify that pursuant to a notice dated April 10, 2018, and duly published April 13, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Johnson Farms, LLP, c/o Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0002, for Oil and Gas Support and Service (compressor station facility and laydown yard for oil and gas production and oil and gas support equipment) along with a 70 -foot communication tower in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. G__= Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and provided the site location in relation to relevant County roads, clarifying the compressor station will be located on the larger parcel and north of the floodplain area. He described the site layout to include the compressor station and laydown yard and stated all improvements are located outside the floodplain. He reported no correspondence in relation to this application from surrounding property owners (SPOs) and he pointed out the nearest residences and reviewed the community meeting and the applicant's willingness to notify all SPOs within one mile prior to commencing construction and to provide them with contact information and details related to the operation. Mr. Gathman stated the Planning Commission added requirements for a Communications Plan and a Landscape/Screening Plan. He explained the site location in relation to the Dacono/Frederick Intergovernmental Agreement area and reviewed the history of that agreement, the requirements for annexation, and the ongoing communication with the Town of Dacono regarding the Annexation Agreement and the landscaping/screening options. CQ: PLCMim /Cal , PW CEPi i-k- E t4(6c-) trrs (T31 es-ilice its( 2018-1481 PL2550 HEARING CERTIFICATION - JOHNSON FARMS, LLP, C/O KERR-MCGEE GATHERING, LLC (USR18-0002) PAGE 2 He verified there is a Condition of Approval (COA) requiring a Pre -annexation Agreement prior to recording the plat and he referenced other Conditions related to the landscaping and the Uniform Baseline Standards for the Town of Dacono. Mr. Gathman clarified the Annexation Agreement is not with the operator but with the property owner, Johnson Farms. In response to Commissioner Conway, Mr. Gathman stated COA #1.G relates to the Annexation Agreement requirement and COA #1.K.16 relates to the landscaping/screening requirement. Commissioner Cozad suggested staff look at language that would allow a variance from the Uniform Baseline Standards regarding landscaping/screening as long as the applicant and the Town of Dacono are in agreement, based on testimony regarding a possible wall rather than landscaping. Mr. Gathman stated the applicant is requesting bottled water and portable toilets be acceptable because this is an unmanned site; however, he asserted this may be questionable if landscaping is required and irrigation is needed. He further requested COA #1.D, regarding the Geological Hazard Development Permit, be deleted based on the response from the Colorado Geological Survey indicating no concerns with this application. He displayed 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 representative, provided a brief overview of the transportation plans and requirements, stating the access is from CR 15. He provided the average daily traffic counts to include truck percentages and stated the application materials indicate there will be approximately 30-40 trips per day during construction, and after construction that will reduce to one trip per day with larger vehicles with trailers visiting the site intermittently. He stated there is no tracking control required; however, an Improvements Agreement is required for the construction and for the future use of the laydown yard. Mr. Pinkham presented the drainage and grading requirements and stated there is no detention pond required based on an exception and a Weld County Grading Permit will be required if disturbing more than an acre. • Hayley Balzano, Public Works Engineer representative, had no further comments. El Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating portable toilets and bottled water are acceptable during construction and after. He reported Development Standards (DS) #12-27 as typical Environmental Health items. • Samuel Samet, represented the applicant and displayed a PowerPoint presentation. He began by pointing out a vicinity map displaying their existent midstream facilities and explained the site selection for the proposed compressor station based on other compressor stations and gathering lines in the area. He stated it is important to note some of the gas being gathered is from third parties. He reviewed the location in relation to nearest residences, the natural buffer provided by the floodplain, and the existent pipeline in close proximity. He reviewed the details of the neighborhood meeting and stated the main concern was traffic. In response to Commissioner Kirkmeyer, Nathan Keiser (also with Anadarko/Kerr-McGee) explained the location of the compressor station in the photo and that the design will be the same for the proposed compressor station being requested today. Mr. Samet reviewed noise and light mitigation, the details of the communications tower, and the annexation agreement with the Town of Dacono. In response to Commissioner Cozad, Mr. Samet further explained the permits being applied for through the Town of Dacono based on the completion of the Annexation Agreement and further pursuing a division 2018-1481 PL2550 HEARING CERTIFICATION - JOHNSON FARMS, LLP, C/O KERR-MCGEE GATHERING, LLC (USR18-0002) PAGE 3 for Planned Unit Development and Residential Zoning per the Urban Growth Development Plan of Dacono. Commissioner Kirkmeyer interjected some history regarding Johnson Farms' involvement with the future growth planning process for the Town of Dacono. Mr. Samet continued and explained the discussion regarding visual mitigation and the benefits of a wall and/or landscaping for the entire perimeter of the facility. No public testimony was offered concerning this matter. In response to Commissioner Kirkmeyer, Mr. Samet explained the haul routes that are a concern to the Town of Dacono and what the Town is recommending. Commissioner Kirkmeyer stated she is not in support of Dacono's recommendations because that puts more stress on County maintained roads and also creates a traffic concern and hazard during the construction period. In response to Commissioner Kirkmeyer, John Crooks, Project Manager, provided an approximate timeline for the construction period. In response to Commissioner Cozad, Mr. Samet stated the plan is to have the Annexation Agreement completed before construction begins. Mr. Keiser interjected and clarified if approved today, construction will start before the Annexation Agreement is completed and haul routes will be designated under the jurisdiction of the County. Commissioners Cozad and Kirkmeyer expressed concerns regarding placing an additional 1,000 trucks on County roadways and both provided a list of County roads and intersections that this would not be appropriate for due to safety issues. After further discussion, Commissioner Conway asked if haul routes were a part of the Annexation Agreement to which Mr. Samet replied, no. The Board agreed that this allows for County jurisdiction through the Improvements Agreement for the construction period. Ell In response to Chair Moreno, Mr. Samet requested clarification regarding COA #1.D. After discussion, the Board agreed to delete COA #1.D and to add clarifying language to DS #35 regarding potential future development outside of the 34.9 acres. Commissioner Kirkmeyer requested haul routes for the construction period be included in COA #1.C, and the Board agreed. Commissioner Cozad recommended clarifying COA #1.F. Mr. Choate provided language to read, "A Landscaping and Screening Plan shall be submitted. The Landscape and Screening Plan for the entire facility, including the compressor facility, shall adhere to the Dacono, Firestone, and Frederick Uniform Baseline Standards for all site development plans, pursuant to Chapter 19, Article Ill, of the Weld County Code, or in the alternative shall adhere to the standards included in the Annexation Agreement with the City of Dacono." The Board agreed the additional language would be added to both COA #1.F and COA #1.K.16. Commissioner Cozad reviewed the aforementioned change to DS #35. In response to Chair Moreno, Mr. Samet indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Mr. Choate pointed out the issues of concern with the Coordinated Planning Agreement with the Town of Dacono, and presented the options to the Commissioners to be able to proceed with an approval based on the evidence presented today. 2018-1481 PL2550 HEARING CERTIFICATION - JOHNSON FARMS, LLP, C/O KERR-MCGEE GATHERING, LLC (USR18-0002) 18-0002) PAGE 4 EA Commissioner Cozad moved to approve the request of Johnson Farms, LLP, c/o Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0002, for Oil and Gas Support and Service (compressor station facility and laydown yard for oil and gas production and oil and gas support equipment) along with a 70 -foot communication tower 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, as well as the findings in the Resolution. She added that per the Intergovernmental Agreement requirements, Section 19-2-60, there is suitable mitigation for adverse consequences and the applicant is working with the City of Dacono for the Annexation Agreement and the Landscaping/Screening Plan, and she concluded the application meets the Conditions for Approval, as entered into the record. The motion was seconded by Commissioner Conway, who concurred with the findings and evidence regarding the substantial measures taken by the applicant to address the concerns of the City of Dacono and he noted for the record that no one was present from the City of Dacono to raise any issues. There being no further discussion, the motion carried unanimously, and the hearing was completed at 11:08 a.m. This Certification was approved on the 30th day of May, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: didu,t, ;ve. Weld County Clerk to the Board BY: Deputy Clerk to the Board APP' S .. 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