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Home My WebLink About20180752.tiffHEARING CERTIFICATION DOCKET NO. 2018-24 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0070, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT AND SERVICE INCLUDING OIL AND GAS PROCESSING FACILITIES (FOUR (4) GAS COMPRESSORS) AND RELATED EQUIPMENT IN THE A (AGRICULTURAL) ZONE DISTRICT - GEORGE SACK, CIO DISCOVERY DJ SERVICES, LLC A public hearing was conducted on March 21, 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 - EXCUSED 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 Health Department representative, Ben Frissell The following business was transacted: 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 George Sack, c/o Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0070, for Mineral Resource Development, Oil and Gas Support and Service including oil and gas processing facilities (four (4) gas compressors) and related equipment in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Chair Moreno reviewed, for the applicant and the public, the procedures to follow should either case result in a tie vote due to four Commissioners being present and Commissioner Cozad excused. la Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and provided the 10 -acre Recorded Exemption parcel location in relation to relevant County roads. He stated the site is located within the three (3) mile referral area of the Town of Lochbuie and the Cities of Brighton and Fort Lupton. He reviewed the referral responses from these jurisdictions and clarified that only the City of Fort Lupton had requests which included a 120 -foot right-of-way for the future of CR 29, a landscape buffering plan submitted for their review, and a Pre -Annexation Agreement. Mr. Ogle stated the applicant was in agreement with the Pre -Annexation Agreement. He described the surrounding land uses and location of the nearest residence and stated staff has received one phone call inquiring about the facility and equipment to be located within the fenced area. He reported the applicant is proposing an earthen berm and Gc PLCKO/mcn), PwCEP), QHC$F),CTBCT3J 0510$/l8' 2018-0752 PL2538 HEARING CERTIFICATION - GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC (USR17-0070) PAGE 2 landscaping to mitigate any visual concerns. Mr. Ogle stated staff sent out 13 referrals and received three (3) responses with comments that have been incorporated in the staff recommendation. He displayed images of the site and surrounding area and entered the favorable recommendation of the Planning Commission into the record as written. 0-2 Evan Pinkham, Department of Public Works, provided a brief overview of the transportation plans and requirements, stating the access location is under the jurisdiction of the City of Fort Lupton and that the applicant will need to acquire the Access Permit from that entity. He reviewed the average daily traffic counts to include truck percentages and stated the traffic narrative indicated approximately nine (9) round trips per week, after construction and during normal operation. He stated the applicant submitted a preliminary drainage report indicating the proposed detention facility will release stormwater at the 10 -year, one (1) -hour storm rate; however, because this is an urbanization area, staff is requiring the applicant to release stormwater at the five-year, one (1) -hour storm rate, and the applicant must submit a final drainage report. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the site will have no permanent employees, therefore, during construction and normal operations, portable toilets and bottled water are acceptable. He stated Development Standards (DS) #9-23 address Environmental Health items. • Cory Jordan, represented the applicant and introduced the team available to answer questions. He provided a PowerPoint presentation and began with a review of the history of the company, the commitment to hire local employees, and their track record of zero safety issues. He reported Discovery currently has 100 miles of pipeline in service and 63 miles in various phases of development and he provided a quick overview of the processing and compressor locations. He explained the need for higher pressures going into these plants which presents the need for compressor stations to increase pressure and volume. Mr. Jordan stated these facilities are designed to minimize noise and emissions with the major equipment contained in insulated buildings. He explained the provision of landscaping plans, safety procedures, air emission permit requirements, noise standard and constant operational monitoring. • Matthew Bossier, Kimley-Horn and Associates, Inc., provided options for visual mitigation by incorporating low -impact landscaping plans. He explained site assessment, plant palette, and provided diagrams to illustrate the nearest residences and the landscaping mitigation being proposed. El Mr. Jordan briefly reviewed their commitment to be involved with the community. • Todd Hodges, Planning Director for the City of Fort Lupton, stated the site is within both the growth area and the Coordinated Planning Agreement area for the City of Fort Lupton and Weld County and stated the Access Permit is currently on hold until the application is approved. He reported that he is working with the applicant regarding County Road 29 and the Pre -Annexation Agreement. In response to Commissioners Kirkmeyer and Conway, Mr. Hodges confirmed the applicant needs to complete the agreement. 2018-0752 PL2538 HEARING CERTIFICATION - GEORGE SACK, 0/O DISCOVERY DJ SERVICES, LLC (USR17-0070) PAGE 3 • Mr. Jordan responded to the comments made by Mr. Hodges and stated Discovery is in agreement with the City of Fort Lupton regarding the Pre -Annexation Agreement and it will be signed and is waiting for the next City meeting. In response to Chair Moreno, Mr. Jordan stated he was not aware of the letter from Mr. Davis but with the extensive landscaping being proposed for visual mitigation, he feels certain any visual concerns will be addressed. • In response to Chair Moreno, Mr. Jordan stated he has no concerns regarding the Conditions or Development Standards. • Commissioner Kirkmeyer suggested adding a new Condition of Approval (COA) #1.D, to read, "The applicant shall submit a Noise Mitigation Plan to the Department of Planning Services for review and approval." She further recommended adding a Condition reflecting the Pre -Annexation Agreement. The Board agreed to add this language as a new COA #1.E, to read, "The applicant shall submit evidence of an accepted Pre -Annexation Agreement with the City of Fort Lupton." She requested a sentence be added to Development Standard (DS) #3 to read, "The operator shall maintain signage with current points of contact, including name and phone number." Commissioner Kirkmeyer stated a new DS #20 needs to be added to reflect the requirement to be in compliance with the Noise Mitigation Plan at all times. Lastly, she recommended a new Development Standard #21 be added to read, "No outside storage is allowed." The Board agreed with all the aforementioned amendments. la In response to Chair Moreno, Mr. Jordan indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. • Mr. Ogle interjected a correction to the Recorded Exemption reference on COA #1.B to be amended to read, RECX17-0205. IR Commissioner Kirkmeyer moved to approve the request of George Sack, do Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0070, for Mineral Resource Development, Oil and Gas Support and Service including oil and gas processing facilities (four (4) gas compressors) and related equipment 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 and entered into the record. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 11:40 a.m. 2018-0752 PL2538 HEARING CERTIFICATION - GEORGE SACK, C/O DISCOVERY DJ SERVICES, LLC (USR17-0070) PAGE 4 This Certification was approved on the 26th day of March, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: doh, ;�,�, Weld County Clerk to the Board BY: Deputy Clerk to the Boa AP -PR— ED Attorney Date of signature: o`4 17-18 Steve Moreno, Chair Barbara Kirkmeyer, Sean P. Conway EXCUSED Julie A. Cozad Mike Freeman 2018-0752 PL2538 ATTEND NCE LIST X21 /zcS NAME - PLEASE PRINT LEGIBLY CITY, ST, ZIP EMAIL ssian_RESIDENCE? COUNTY OF SPEAKING? 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