HomeMy WebLinkAbout20181497.tiffHEARING CERTIFICATION
DOCKET NO. 2018-46
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0017, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (TWO (2) GAS COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET) AND ONE (1) 100 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - STROH
FAMILY TRUST AND OGG&S, LLC, C/O DCP OPERATING COMPANY, LP
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-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:
fa 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 Stroh
Family Trust and OGG&S, LLC, do DCP Operating Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0017, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (two (2) gas compressors
associated with gas processing or which compress gas to enter a pipeline for transport to market)
and one (1) 100 -foot in height Communications Tower in the A (Agricultural) Zone District. Bob
Choate, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the location of the 16.05 -acre lease hold parcel in relation to County roads and clarified
it is not within the three (3) mile referral area of any municipality. He described the topography
and surrounding land uses and stated there has been no correspondence received from
surrounding property owners. Mr. Ogle stated DCP Operating Company, LP, hereinafter referred
to as DCP, is expanding their operations in Weld County by adding compressors and pipelines.
He stated the area of operations will be fenced and the area outside the fence will be revegetated.
He described the hours of operation, visual mitigation, landscaping and stated twelve (12)
referrals were sent out with two (2) responses received with comments that have been included
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2018-1497
PL2551
HEARING CERTIFICATION - STROH FAMILY TRUST AND OGG&S, LLC, C/O DCP
OPERATING COMPANY, LP (USR18-0017)
PAGE 2
in the staff recommendation. He displayed images of the site and surrounding properties and
entered the favorable recommendation of the Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, stated the access is from County
Road (CR) 34.5, a gravel local road. She provided the average daily traffic counts to include truck
percentages for CR 34.5 and reported, per the traffic information submitted, that after construction
there will be approximately one to two daily round trips. She stated tracking control will be required
for the construction period and an Improvements Agreement will be required for the site.
Ms. Balzano reviewed the drainage and grading requirements and stated a preliminary drainage
report has been submitted and a final drainage report will be required, and if more than one (1)
acre is disturbed, a Weld County Grading Permit will be required. In response to Commissioner
Cozad, Ms. Balzano stated the language for Condition of Approval (COA) #1.A, regarding the
Improvements Agreement, has been updated. Mr. Choate explained the prior recommendation to
include the triggered improvements. Commissioner Cozad explained her reasons for removing
the triggers from the Resolution and including them in the specifics of the Improvements
Agreement. Commissioner Freeman agreed and stated he supports the simplified language. The
Board concurred.
El Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating that during and after construction, the use of bottled water and portable toilets
is acceptable. He reported Development Standards (DS) #11-27 address Environmental Health
items.
iral Patrick Groom, Attorney with Barry, Witwer, Oldenburg and Groom, represented the
applicant and submitted enlarged photos to the Board and Counsel to refer to during the
presentation (Exhibit D). He reviewed the history of DCP and their operations in Weld County. He
explained the applicant went beyond the 500 -foot requirement and invited 35 surrounding
property owners (SPOs) to a community meeting and six (6) residents attended. He reported
addressing concerns regarding lighting, traffic and noise. He stated DCP is proposing a Dark
Skies Standard at night, except in the event of emergencies or night time maintenance, and there
would be one light on at night at the entrance gate. Mr. Groom described the site as a twin
compressor station which has a water tap provided by the Central Weld County Water District
that will provide irrigation to the landscaping. He explained the reasoning behind the proposed
24 -hour noise limit of the Residential daytime standard of 55 dBA and committed to meeting that
limit based on noise modeling and measuring at the perimeter of the property. In response to
Commissioner Kirkmeyer, Mr. Ogle stated he will confirm if staff has a copy of the noise modeling
plan. Mr. Groom continued and described the visual mitigation to include berming to the south, a
split rail concrete fence around the perimeter with a chain -link fence surrounding the leased
portion inside the perimeter, and landscaping to include select trees around the perimeter to assist
with screening. Mr. Groom stated the buffer provided due to the location of the operation assists
with compatibility with surrounding land uses as it is a smaller footprint in the center of the parent
parcel which reduces the impact. He explained the site is surrounded by the remainder of a
cultivated parcel that is farmed by the surface owner, providing an additional buffer. Lastly, he
addressed the proposed communication tower and stated there is no objection to colocation as
long as the DCP safety protocol is followed.
2018-1497
PL2551
HEARING CERTIFICATION - STROH FAMILY TRUST AND OGG&S, LLC, CIO DCP
OPERATING COMPANY, LP (USR18-0017)
PAGE 3
Ei No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Ogle stated there is no noise modeling plan
but there is a sound mitigation plan listed as Exhibit P, in the application. Mr. Groom clarified that
after construction, there will be approximately one (1) vehicle visit per day. In response to
Chair Moreno, Mr. Groom provided an estimated time frame for construction as six to nine
months. He further explained the location of the proposed site is south of the recently amended
USR for the O'Conner Gas Plant and will gather, compress and transfer product in the southern
Wattenburg field to that gas plant. He offered to provide a copy of the noise modeling plan as
well. In response to Commissioner Conway, Mr. Groom stated DCP agrees with DS #22
concerning noise limits.
El In response to Chair Moreno, Mr. Groom stated he agreed with the earlier conversation
specifying the triggered improvements should be placed in the Improvements Agreement, not in
the USR Resolution.
Commissioner Kirkmeyer requested simplified language, as discussed earlier, for COA #1.A.
Mr. Choate suggested deleting the verbiage following the second sentence, and adding a
stipulation to reflect during construction. The Board and the applicant agreed. Commissioner
Kirkmeyer stated COA #1.D and DS #4 need to be amended for cohesion. She further
recommended consideration of the Austrian Pine and clarified she does not want the applicant
limited to the species of trees referenced earlier because there may be better alternatives. She
also stated, regarding COA #1.G, she is not looking for additional language but clarified for staff
that the Board is seeking the Dark Skies Standard for night time lighting, as proposed and agreed
upon by the applicant. Mr. Ogle acknowledged her recommendation.
Commissioner Kirkmeyer reiterated amending DS #4. Commissioner Cozad recommended
language to read, "The improvements on the site shall be maintained in accordance with the
approved Visual Mitigation and Screening Plan." She further recommended language for DS #9,
to read, "Co -location of other antennas by other service providers shall be allowed, pursuant to
the applicant's safety protocols." The applicant and the Board agreed with the changes.
Commissioner Kirkmeyer stated, per the Noise Modeling Plan in the application materials, the
applicant has demonstrated they can comply with the noise level proposed; therefore, the
amended language is acceptable in DS #22. She further suggested regarding DS #28 that
"property owner" be changed to "operator". The Board agreed. Commissioner Cozad
recommended DS #33 be deleted. The Board and the applicant agreed with all the
aforementioned amendments.
C. In response to Chair Moreno, Mr. Groom, on behalf of the applicant, indicated they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner Kirkmeyer moved to approve the request of Stroh Family Trust and OGG&S,
LLC, cio DCP Operating Company, LP, for a Site Specific Development Plan and Use by Special
2018-1497
PL2551
HEARING CERTIFICATION - STROH FAMILY TRUST AND OGG&S, LLC, C/O DCP
OPERATING COMPANY, LP (USR18-0017)
PAGE 4
Review Permit, USR18-0017, for Mineral Resource Development Facilities, including Oil and Gas
Support and Service (two (2) gas compressors associated with gas processing or which compress
gas to enter a pipeline for transport to market) and one (1) 100 -foot in height Communications
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, and entered into the record and with the Noise limitations and mitigations as proposed.
The motion was seconded by Commissioner Freeman. Commissioner Cozad added to the
findings, in B. Section 23-2-230.6.2, that the location protects agriculture and, in C.
Section 23-2-230.B.3, that the location of the operation allows for an additional buffer to the
adjacent landowners. There being no further discussion, the motion carried unanimously and the
hearing was completed at 11:51 a.m.
This Certification was approved on the 30th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD cO,UNTY, COLORADO
ATTEST: d„,a,„„) w ado:el
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPR
ounty ttorney
Date of signature: 1-11-13
Ste ie Moreno, Ch?ir
/ Jti
er, Pro-Te
. Conway
EXCUSED DATE OF APPROVAL(
Julie A. Cozad
Mike Freeman
2018-1497
PL2551
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