HomeMy WebLinkAbout20173206.tiffHEARING CERTIFICATION
DOCKET NO. 2017-59.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0023, FOR MINERAL RESOURCE DEVELOPMENT, OIL AND GAS SUPPORT
AND SERVICE, INCLUDING OIL AND GAS PROCESSING FACILITIES AND RELATED
EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, 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 — DCP OPERATING COMPANY,
LP
A public hearing was conducted on September 27, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
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
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2, 2017, and duly published June 7,
2017, in the Greeley Tribune, a public hearing was conducted July 12, 2017, at 10:00 a.m., to
consider the request of DCP Operating Company, LP, for a Site Specific Development Plan and
Use by Special Review Permit, USR17-0023, for Mineral Resource Development, Oil and Gas
Support and Service, including oil and gas processing facilities and related equipment, including,
but not limited to, 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, at which time the matter was continued to August 16, 2017, to allow
the applicant adequate time to work with surrounding property owners. On August 16, 2017, the
Board again continued the matter to September 27, 2017, to allow all five County Commissioners
to be present. On September 27, 2017, Bob Choate, Assistant County Attorney, made this a
matter of record.
Kim Ogle, Department of Planning Services, explained the circumstances surrounding the
prior continuances and presented a brief summary of the proposal. He reviewed the site location
in relation to relevant County roads and clarified it is not located within the three (3) mile referral
area of any municipality. Mr. Ogle described the site and surrounding properties and the proposed
construction of an unmanned compressor station and a communications tower on a nine (9) -acre
footprint within a 125 -acre parcel. He stated the site will be fully fenced, described the landscaping
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and revegetation, and reviewed the hours of operation. Mr. Ogle reported staff sent out 14
referrals and received three (3) that offered comments that have been considered by staff. He
reviewed correspondence from a specific neighbor that had been in objection and reported that
DCP had successfully mitigated their concerns. 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, provided a brief overview of the transportation
plans and requirements, stating an Access Permit, AP17-00165, has been approved and
stipulates to utilize the existing access points. He provided the average daily traffic counts and
truck percentages and stated the traffic narrative indicates 1-2 daily round trips after construction
and provides the proposed traffic route during construction. Mr. Pinkham stated neither tracking
control, nor an Improvements Agreement, will be required.
• Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and reported the applicant has submitted a Final Drainage Report;
therefore, Condition of Approval (COA) #1.B can be deleted.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated due to no permanent employees, portable toilets and bottled water are
acceptable during construction. He specified Development Standards (DS) #7-20 are typical
Environmental Health items.
Ei Patrick Groom, Attorney, represented the applicant and began by clarifying the legal name
is DCP Operating Company, LP, and he provided supportive documentation to the Clerk to the
Board. Mr. Groom continued with the applicant's proposal to construct a compressor station to
compress natural gas to deliver to the Connor Plant and expanded Mewbourne Plant. He stated
it will be an unmanned station with an employee visiting the station three to four times each week
to check on equipment and perform maintenance as needed. Mr. Groom reported objection from
one surrounding property owner; however, DCP has agreed to purchase their property to alleviate
the concerns. He requested the Board consider changing the noise limitation to the Light Industrial
standards rather than the Commercial standard.
No public testimony was offered concerning this matter.
In response to Commissioner Moreno, Mr. Groom stated DCP has not decided what they will
do with the Morris property.
In response to Commissioner Kirkmeyer, Mr. Ogle explained the landscaping requirement
reflects the need to reseed the site with native grasses.
• Mr. Groom explained the topography and stated the purchase of the Morris property negates
the need for a landscaping plan. He stated the applicant is proposing a chain link fence without
barbed wire.
After further discussion, the Board agreed to delete COA #1.B.
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• Commissioner Kirkmeyer suggested an amendment to Development Standard (DS) #4.
Mr. Groom suggested language to read, "Any disturbed areas outside the fenced area shall be
restored with native vegetation."
• Commissioner Kirkmeyer requested discussion regarding the noise limitations and suggested
the Board hold the applicant to the Commercial Zone District regarding noise and she relented to
consider 60 db(A), 24 hours a day. She further commented that it needs to be a requirement that
the compressors are housed in insulated buildings. After discussion with the Board, staff and the
applicant, the Board agreed to amend DS #17 to enforce 65 decibels on the north, south and west
sides and enforce 60 decibels on the east side.
▪ Mr. Groom addressed the suggested requirement for installing the compressors inside
insulated buildings. He pointed out that future technology may one day allow these compressors
to operate quietly outside of insulated buildings. The Board agreed not to add this requirement.
▪ Commissioner Kirkmeyer suggested amending DS #23, second sentence, to read, "Sources
of light shall not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. "The Board agreed.
• Commissioner Kirkmeyer suggested more consideration on the visual impacts from fencing
on the County Road 49 corridor. Chair Cozad agreed.
Chair Cozad suggested no change based on the applicant's acquiescence on the record
stating they will not install barbed wire on top of the chain link fencing, unless some future
unforeseen emergency situation mandated it. She requested an updated drawing be submitted
to show fencing without the barbed wire. Mr. Groom stated DCP is willing to submit an updated
Fencing Plan to the Department of Planning Services for approval. The Board agreed to add this
requirement as a new COA #1.A.
• Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad, Mr. Groom,
on behalf of DCP Operating Company, LP, indicated they have reviewed, and agree to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Freeman moved to approve the request of DCP Operating Company, LP, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0023, for Mineral
Resource Development, Oil and Gas Support and Service, including oil and gas processing
facilities and related equipment, including, but not limited to, 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 entered into the record. The motion was seconded by
Commissioner Conway. Commissioner Kirkmeyer reminded the applicant to be a good neighbor
and remain in compliance. Commissioner Conway thanked the applicant for working with the
Morris family and attempting to mitigate. There being no further discussion, the motion carried
unanimously and the hearing was completed at 11:43 a.m.
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ike Freeman
HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR17-0023)
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This Certification was approved on the 2nd day of October, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditite&) Go%or.
Weld County Clerk to the Board
Julie Aa Cozad, Chair
Steve Moreno, Pro-Tem
BY: O�
y Clerk to the Board EXCUSED DATE OF APPROVAL
Sean P. Conway
'toa
ounty Attorney
Barbara Kirkmeyer
Date of signature: tO ( 1(01 17
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