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Home My WebLink About20180846.tiffHEARING CERTIFICATION DOCKET NO. 2018-28 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0074, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS STORAGE FACILITY AND TRANSLOADING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - WES MOSER, INC., C/O DISCOVERY MIDSTREAM PARTNERS A public hearing was conducted on March 28, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem 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, Kim Ogle Public Works Department representative, Evan Pinkham 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 February 12, 2018, and duly published February 15, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Wes Moser, Inc., do Discovery Midstream Partners, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0074, for Mineral Resource Development Facilities, Oil and Gas Storage Facility and Transloading in the 1-3 (Industrial) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. 12 Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the site is located on 32.5 -acre lease hold parcel created through a Subdivision Exemption, SUBX17-0032, is not within the three (3) mile referral area of any municipality, Intergovernmental Agreement area or Coordinated Planning Agreement area, is located outside the floodplain and is in an area with sparse population and a significant amount of oil and gas development. He stated the applicant indicates product will be piped to the location thereby eliminating truck traffic. Mr. Ogle indicated there are few residences in the area and there has been no correspondence from surrounding property owners. He explained the facility will be developed in four (4) phases of implementation and construction and he reviewed the functions of the facility. He stated 12 referrals were sent and four (4) responses were received with comments that have been considered in the staff recommendation. He displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. Hayley Balzano, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements and stated the site will be accessed from County cot PLCKo/MK%), Pt*JCEP/ H8), E.HC6F3, CT$(T.T) ostog/(S• 2018-0846 PL2535 HEARING CERTIFICATION - WES MOSER, INC., C/O DISCOVERY MIDSTREAM PARTNERS (USR17-0074) PAGE 2 Road (CR) 30. She reviewed the average daily traffic counts in the vicinity and provided truck traffic percentages. Ms. Balzano added that once construction is completed, the applicant indicates there will be approximately four (4) daily round trips. She stated tracking control will be required during construction and an Improvements and Road Maintenance Agreement is required. Ms. Balzano asserted a final drainage and detention pond design to include the release rates is also required. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the applicant indicates there will be four (4) or less part-time employees; therefore, portable toilets and bottled water are acceptable as long as the number of employees does not surpass the requirement. He stated Development Standards (DS) #6-20 address Environmental Health items. • Matt Norton represented the applicant and presented a Powerpoint presentation and began with a company overview to include locations, history, and safety track record. He reviewed the details of the terminals to include storage and transloading of product and emphasized it is located in the Industrial Zone District and that the facility is fully surrounded by secondary containment. Mr. Norton described the phases of construction and landscaping, and stated the facility is engineered for safety and ultra -low emissions to promote limited lighting and noise impacts. He stated the site is surrounded with fencing and a restricted access gate. He explained dust and traffic mitigation, conveying the focus on prevention and safety to include working with area first responders. Mr. Norton reviewed the safety measures of both the design and operations and emphasized the stringent state regulations they must adhere to. He provided examples of community involvement and their commitment to being good neighbors. • No public testimony was offered concerning this matter. • In response to Chair Moreno, Mr. Norton stated he has no concerns with the Conditions and Development Standards as proposed. • After further discussion between the Board, staff and the applicant regarding the Conditions of Approval (COA) and Development Standards (DS), the Board agreed to delete COA #1.E, COA #1.F, COA #1.G.9, and to add "during construction"to the last sentence of COA #1.A. They further agreed to increase the number of employees to four (4) on DS #4, add "during construction"to DS #9, correct DS #16 to reflect the Industrial Zone, add a sentence to DS #22, to read, "Lighting will be on demand, which may include motion-sensored lighting for the facility. ", and delete DS #30. • In response to Chair Moreno, Mr. Norton indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. • Commissioner Cozad moved to approve the request of Wes Moser, Inc., do Discovery Midstream Partners, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0074, for Mineral Resource Development Facilities, Oil and Gas Storage Facility and 2018-0846 PL2535 HEARING CERTIFICATION - WES MOSER, INC., C/O DISCOVERY MIDSTREAM PARTNERS (USR17-0074) PAGE 3 Transloading in the 1-3 (Industrial) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Conway. Commissioner Cozad stated, for the record, that the findings by staff to include the amendments agreed upon by the Board, meet the requirements of the 1-3 (Industrial) Zone District, and this type of development is exactly what the 1-3 (Industrial) Zone is intended for. Commissioner Conway concurred with Commissioner Cozad. There being no further discussion, the motion carried unanimously and the hearing was completed at 10:53 a.m. This Certification was approved on the 2nd day of April, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datitivt)`• Weld County Clerk to the Board BY: Deputy Clerk to the AP County Attorney Date of signature: O5 /---/ 7-18 Steve Moreno, Chair arbara KirkmeyePro-Tem Sean P. Conway EXCUSED DATE OF APPROVAL ulie A. Cozad 2018-0846 PL2535 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS, CITY, ST, ZIP EMAIL COUNTY RESIDENCE? OF SPEAKING? (Y I N) / &lir 11") k' c ° .i,.,� 124%), v&noir. 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