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HomeMy WebLinkAbout20183430.tiff HEARING CERTIFICATION DOCKET NO. 2018-116 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0084, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE, INCLUDING LIQUID CAPTURE FACILITY TO CAPTURE AND STABILIZE DRIP CONDENSATE AND RELATED EQUIPMENT, A PERMANENT LAYDOWN STORAGE YARD, UP TO FIVE (5) CONSTRUCTION OFFICE TRAILERS AND EIGHT(8) CONEX CONTAINERS FOR USE DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT- OGG&S, LLC, AND THE STROH FAMILY TRUST, C/O JAY STROH, TRUSTEE, C/O GREEN RIVER DEVCO, LP A public hearing was conducted on October 31, 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, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Kim Ogle Public Works Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: el I hereby certify that pursuant to a notice dated September 27, 2018, and duly published October 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of OGG&S, LLC, and The Stroh Family Trust, c/o Jay Stroh, Trustee, c/o Green River DevCo, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0084, for Mineral Resource Development Facilities including Oil and Gas Support and Service, including Liquid Capture Facility to capture and stabilize drip condensate and related equipment, a permanent laydown storage yard, up to five (5) construction office trailers and eight (8) conex containers for use during construction of the facility in the A (Agricultural) Zone District. Frank Haug, 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 an eight (8) acre parcel, north of County Road (CR) 34.5 and west of County Highway 49. He indicated the site is not within a three (3) mile referral area of a municipality or county, and there are two (2) other oil and gas operating facilities on the parcel. He mentioned the property slopes to the south and described the surrounding landscaping and uses. Mr. Ogle stated there are 15 property owners on 22 parcels within 500 feet of the proposed facility. He indicated one (1) phone call from a surrounding property owner (SPO) was received regarding the lighting on the site. He described the proposed facility use and operations and stated a laydown yard is proposed on the site and the unmanned facility will be fenced. Mr. Ogle mac.. PLClco(TP), PcoCE.P1,i-KC6F) 2018-3430 o►t oai i9 PL2600 HEARING CERTIFICATION - OGG&S, LLC, AND THE STROH FAMILY TRUST, 0/O JAY STROH, TRUSTEE, CIO GREEN RIVER DEVCO, LP (USR18-0084) PAGE 2 indicated nine (9) referral agencies reviewed the application and two (2) offered comments which were 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. • Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the site accesses onto CR 34.5 utilizing a shared access. He provided the traffic count to include truck percentages and indicated the daily round trips for vehicles during and after construction. He stated the Department of Public Works is requiring a Road Maintenance Agreement, a Weld County Grading Permit and a Final Drainage Report. He presented the drainage and grading requirements. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and reiterated no permanent employees will be on the site once construction is complete. He mentioned bottled water and portable toilets are acceptable and Development Standards (DS) #18-33 address Environmental Health items. • Pam Hora, Tetra Tech, represented the applicant, provided introductions and stated the site's location. She echoed the site will be an unmanned facility, with equipment to capture and stabilize drip condensate from unconditioned natural gas that is being delivered to the site by pipeline. She described the facility processes, including up to four (4) trucks accessing the site per day, flash gas associated with the equipment, and a nominal amount of gas will be combusted from the atmospheric tanks. She reiterated the proposed plan for a laydown yard and stated a detention pond has been designed in the southeast corner of the site. She discussed Weld County's concerns for light pollution and stated all lights on the site will be down shielded. Ms. Hora explained the security fence with a mechanized gate to control access and indicated the applicant will work with the LaSalle Fire Department to assure they have proper emergency access to the facility. She reiterated access to the facility is off of CR 34.5 and indicated the proposed facility will have a minimal impact on SPOs because it is located interior to another parcel owned by OGG&S, LLC, and The Stroh Family Trust. She stated the nearest residence is over 1,000 feet away and is located on the south side of CR 34.5. Ms. Hora explained the communication the applicant has had with SPOs and mentioned there has been no correspondence. She stated the application meets the intent of the Weld County Code and agreed with the Conditions of Approval and Development Standards as proposed. Ms. Hora thanked staff, and in response to Chair Moreno, Ms. Hora explained the entrance gate is at the southwest corner of the site but will stay closed, since it is an unmanned facility. No public testimony was offered concerning this matter. In response to Chair Moreno, Commissioner Kirkmeyer clarified the hours of operation are specific to the laydown yard. In response to Commissioner Kirkmeyer, Robert Smetana, Tetra Tech, indicated there is not another facility with this use in Weld County, and provided a brief description of the facility's appearance. El In response to Chair Moreno, Ms. Hora indicated they have reviewed, and agree with the Conditions of Approval and Development Standards, as presented. 2018-3430 PL2600 HEARING CERTIFICATION - OGG&S, LLC, AND THE STROH FAMILY TRUST, C/O JAY STROH, TRUSTEE, C/O GREEN RIVER DEVCO, LP (USR18-0084) PAGE 3 el In response to Commissioner Cozad regarding a Road Maintenance Agreement, Mr. Pinkham stated it is more for road maintenance rather than improvements mainly for construction on public roads. He further stated there are several access permits at that location which includes Green River DevCO, LP, therefore, the Department of Public Works is asking for a recorded copy of the easement. Regarding Condition of Approval (COA) #1.E, Mr. Ogle explained Planning is asking for native grasses on a berm. In response to Commissioner Cozad, Mr. Smetana indicated their intention is to meet the residential noise requirements and stated the equipment is not generally noisy. After further discussion regarding the noise, Commissioner Cozad suggested adding "at the nearest existing residence to the facility" to Development Standard (DS) #29, and the Board and staff agreed. Ms. Hora requested clarification regarding the berming, and after further discussion Commissioner Kirkmeyer suggested additional language to COA #1 for a screening plan to visually mitigate from CR 49. Commissioner Cozad stated DS #7 will need to be modified and Commissioner Kirkmeyer indicated "landscape and..."needed to be deleted. In response to Chair Moreno, Ms. Hora 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 OGG&S, LLC, and The Stroh Family Trust, c/o Jay Stroh, Trustee, c/o Green River DevCo, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0084, for Mineral Resource Development Facilities including Oil and Gas Support and Service, including Liquid Capture Facility to capture and stabilize drip condensate and related equipment, a permanent laydown storage yard, up to five (5) construction office trailers and eight (8) conex containers for use during construction of the facility 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. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. 2018-3430 PL2600 HEARING CERTIFICATION - OGG&S, LLC, AND THE STROH FAMILY TRUST, C/O JAY STROH, TRUSTEE, C/O GREEN RIVER DEVCO, LP (USR18-0084) PAGE 4 This Certification was approved on the 5th day of November, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daifeA) w �.k'/�to; Ste Moreno, Chair Weld County Clerk to the Board arbara Kirkmeyer, ro-Tem Deputy C�o the Boar Sean P. Co way APP C • 1861. V,, a. i A C d'' e A. Cozad Co y tt ey s kJ-0C Mike Freeman Date of signature: 12/7/I8 2018-3430 PL2600 ATTENDANCE LIST iDliri8 NAME - PLEASE PRINT ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF SPEAKING LEGIBLY RESIDENCE (YIN)? 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