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HomeMy WebLinkAbout20173397.tiffHEARING CERTIFICATION DOCKET NO. 2017-82 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0031, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (STORAGE OF PIPES AND OTHER EQUIPMENT ASSOCIATED WITH OIL AND GAS PRODUCTION) IN THE A (AGRICULTURAL) ZONE DISTRICT - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY A public hearing was conducted on October 18, 2017, at 10:00 a.m., with the following present: Commissioner Julie A. Cozad, Chair Commissioner Steve Moreno, Pro-Tem 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, Chris Gathman 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 August 31, 2017, and duly published September 5, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Timbro Ranch and Cattle Company, LLC, c/o Noble Energy, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0031, for an Oil and Gas Support and Service Facility (storage of pipes and other equipment associated with oil and gas production) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. IR Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the site will primarily be used to store oil and gas equipment and two (2) job trailers. He clarified the original request included two modular quarters to be used for housing but that part of the application has been withdrawn. Mr. Gathman stated the site will be accessible 24 hours a day, 365 days a year. He reported the application is the result of an active zoning violation, ZCV16-00145, and approval today will correct the matter. Mr. Gathman reviewed the location in relation to relevant County roads, described the adjacent areas, stated there are no residences located nearby, and the site is not located in the three (3) mile referral area of any municipalities or intergovernmental agreement areas. He stated staff sent out 12 referrals and seven (7) responses were received and considered in the Conditions of Approval and Development Standards. He noted there is an existing oil and gas facility adjacent to this location. He reviewed the site plan and explained a modification to the legal description to be corrected on the Resolution. Mr. Gathman displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. cc:et_ cmm/co),P£.cHe), HLc9F), cT'ecTT) Ills5/17 2017-3397 PL2498 HEARING CERTIFICATION - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY (USR17-0031) PAGE 2 Evan Pinkham, Department of Public Works representative, provided a brief overview of the transportation plans and requirements, stating an Access Permit, AP16-00459, has been approved and stipulates to utilize the existing access points. He provided the average daily traffic counts to include truck percentages. Mr. Pinkham stated up to ten (10) passenger vehicles and two (2) large trucks will visit the site daily. He clarified there is no requirement for tracking control; however, an Improvements Agreement is required. El Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements, stating the site is excepted from a drainage report and detention pond design. She reviewed the Conditions of Approval and Development Standards relevant to Engineering. Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating bottled water and portable toilets are acceptable. He offered an amendment to Development Standard (DS) #13 to remove the reference to the mobile sleeping units that are no longer a part of the application and stated DS #8-20 address typical Environmental Health items. Anne Best Johnson, Tetra Tech, represented the applicant and stated this facility has been used as a Use by Right for approximately five years. She reported the applicant mailed invitations and held an open house on May 8, 2017, which no one attended. She clarified the ponds on -site are used for fresh water for hydraulic fracturing in the area and she stated the use has grown beyond a Use by Right, hence the application for Use by Special Review to include two (2) water storage areas, two (2) job trailers, a lay down yard, and storage of associated equipment. She reviewed the hours of operations, number of employees per shift, and number of vehicles per day. Ms. Johnson clarified water is delivered to job sites by pipeline. No public testimony was offered concerning this matter. El In response to Commissioner Conway, Mr. Gathman explained the violation. El Chair Cozad reminded staff to remove all references to the two (2) modular units. Commissioner Freeman asked why there is an Improvements Agreement. In response, Mr. Pinkham explained the additional traffic to the site requires an update to the Improvements Agreement that is tied to USR16-0037 located on a Subdivision Exemption that is on this same property. Ms. Johnson interjected this particular USR is on an 80 -acre parcel that is adjacent to the parcel with the Subdivision Exemption. The Board agreed there does not need to be an Improvements Agreement. Ms. Johnson stated there is a Deed. In response to Mr. Choate, Mr. Gathman provided the correct legal description and requested a copy of the Deed. 2017-3397 PL2498 HEARING CERTIFICATION - TIMBRO RANCH AND CATTLE COMPANY, LLC, C/O NOBLE ENERGY (USR17-0031) PAGE 3 le In response to Chair Cozad, Ms. Johnson, on behalf of Timbro Ranch and Cattle Company, LLC, c/o Noble Energy, 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 Timbro Ranch and Cattle Company, LLC, c/o Noble Energy, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0031, for an Oil and Gas Support and Service Facility (storage of pipes and other equipment associated with oil and gas production) 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 Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 12:01 p.m. This Certification was approved on the 23rd day of October, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrAdA) Je&o•ok. Julie A. Cozad, Chair Weld County Clerk to the Board BY APP ‘nty Attorney Date of signature: I l I a► ( I �7 Steve Moreno, Pro-Tem ( —v Sean P. 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