HomeMy WebLinkAbout20153461.tiff HEARING CERTIFICATION
DOCKET NO. 2015-103
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0042, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE (OFFICE/SHOP AND STORAGE OF VEHICLES AND
EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT— DRILL GREEN, LLC
A public hearing was conducted on November 4, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated September 17, 2015, and duly published
September 23, 2015, in the Greeley Tribune, a public hearing was conducted to consider the
request of Drill Green, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0042, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (office/shop and storage of vehicles and equipment) in the A (Agricultural) Zone District.
Bruce Barker, County Attorney, made this a matter of record.
Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated eleven (11) referrals were sent out and seven (7) either did not respond or responded
with no concerns. She explained the majority of the 60 employees will be on-site to retrieve
equipment and proceed to the job sites; however, once the office is completed there will be five
(5) full-time employees on-site. Ms. Aungst clarified the hours of operation, reviewed plans for
security and lighting and stated there will be no landscaping or screening because of the remote
location and the distant proximity to the nearest residence. She verified that this application is the
result of an active zoning violation due to operating a commercial business without the proper
permits and that approval of this application will correct the violation, while denial will result in the
commercial operation being removed from the site within 30 days. She stated there are four (4)
USRs within one (1) mile of the site and there has been no correspondence received opposing
the application. Ms. Aungst reported the site is located within the three (3) mile referral area of
the Town of Platteville, which did not respond with any concerns, and it is not within any
Intergovernmental Agreement Area. She displayed images of the site and surrounding properties
and entered the favorable recommendation of the Planning Commission into the record as written.
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Jennifer Petrik, Planning Services Engineer, provided a brief overview of the transportation
plans and requirements stating the adjacent County Roads (CR) 26 and 31 are gravel roads and
designated as local roads. She submitted the average daily traffic count for CR 31 as 251 vehicles
per day with 61% trucks and stated there are no traffic counts available for CR 26. She reviewed
the traffic narrative, stated the Access Permit has been approved (AP#15-00402) and she
explained the easement agreement from the Public Service Company. She reviewed the
requirements to include the use of a tracking control device with 300 feet of road base or recycled
asphalt, because of the increase of passenger vehicle trips there is an Improvements Agreement,
the drainage requirement is a water quality feature, and that these items must all be shown on
the plat. Ms. Petrik further reviewed the standard Development Standards related to weed and
site maintenance, no parking or staging of vehicles, historical flow patterns, and the necessary
Weld County Grading Permit for disturbing over one (1) acre. In response to Commissioner
Cozad, Chair Kirkmeyer stated the Board will ask the applicant for clarification for such a high
increase of passenger vehicles.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating the commercial water well and septic will be installed when the shop and office
are built. She clarified they can use portable toilets for employees on-site less than two (2) hours
per day. Ms. Light stated that since they are building a shop, staff added Development Standards
(DS) that address proper disposal of floor drain waste, washing of equipment, and storage of
chemicals and fuel. Lastly, she communicated that DS #12 through 23 address standard
environmental health items.
El Todd Hodges, Todd Hodges Design, represented the applicant and stated although it is a
zoning violation, the applicant had begun the USR process prior to the violation and the applicant
has worked diligently with staff and referral agencies to get into compliance. Mr. Hodges
introduced those with him and stated that the applicant also has a similar full-time site in
Platteville. He confirmed the applicant's intent is only to store equipment, no work is done on this
site, and once the building is out there it will house the office and store equipment and may provide
a space for small maintenance. In reference to the parking and the increase in numbers, Mr.
Hodges stated the applicant wanted to provide the maximum possible to work out the
Improvements Agreement. He clarified because the site will house a lot of the equipment, it may
be multiple trips in one day or multiple employees with each trip, but it all depends on the market
and it may be a long time until they reach the high numbers. Mr. Hodges complimented Ms.
Aungst and staff and stated he does not have any changes to the Conditions of Approval or the
Development Standards.
Paul Ratliff, stated he is representing Anadarko Land Corporation/Anadarko E&P Company
LP/ and Kerr-McGee Oil and Gas Onshore LP, all of which have an interest in this property
regarding mineral rights. He reported that the Anadarko entities are requesting a conditional
approval based on a resolution which would be an agreement that takes into account and protects
ownership interests. In response to Chair Kirkmeyer, he stated it would be an agreement that
recognizes all parties' ownership interests. In response to Chair Kirkmeyer, Commissioner Cozad
pointed out the location of the letter of objection.
Ei Commissioner Conway asked the County Attorney what is being requested. Mr. Barker
expressed his confusion regarding putting a Condition of Approval on a private matter and
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addressed Mr. Ratliff regarding proposing specific language for a Condition. Commissioner
Conway clarified that it appears Anadarko owns the mineral rights and they cannot be denied
access.
e Chair Kirkmeyer clarified the reason for surface use agreements and other contracts
between private entities concerning property rights or contractual matters. She emphasized the
Board of County Commissioners generally does not interfere with these matters.
e Ms. Aungst stated if the Board wishes to add a Condition of Approval to the Resolution,
there is standard language to address the matter. Chair Kirkmeyer reiterated those are usually
the Conditions the Board removes because private matters between private parties should remain
between private parties.
e In response to Commissioner Cozad, Mr. Hodges clarified the number of full-time employees
on-site is five (5) and that does not account for the multiple employees coming to the worksite at
various times only to pick up equipment. He further explained the 110 passenger vehicle trips is
the maximum when business is at its highest level. Lastly, he clarified the 10-20 trips per day
relates only to the truck trips.
• Reed Buhler, applicant, further explained the maximum number of full-time employees at the
site is five (5) and aside from that, there are roust-a-bout crews that arrive and leave in groups of
three or four per vehicle. Mr. Buhler stated at the busiest time there could be about 100 crews
and now there are approximately 50 employees at various times that arrive and leave as a group.
• In response to Commissioner Conway, Mr. Buhler stated five full-time employees is fine for
the future. In response to Commissioner Moreno, he explained the shifts.
• In response to Chair Kirkmeyer, Ms. Aungst stated the number of parking spaces is reflective
of what was proposed in the application materials. Chair Kirkmeyer asked for clarification
regarding Condition of Approval (COA) #1.A. Ms. Petrik stated the Improvements Agreement is
triggered by the number of passenger vehicles surpassing 50 passenger trips. Chair Kirkmeyer
suggested dust control in place of an Improvements and Road Maintenance Agreement.
Commissioners Conway and Freeman concurred.
El Commissioner Cozad stated she supports having the Improvements and Road Maintenance
Agreement due to the number of vehicles and potential damage to the roads. Chair Kirkmeyer
clarified the number of trucks is not the trigger, it is the increase in passenger vehicle trips.
In response to Commission Cozad, Ms. Petrik stated Development Standard (DS)#8 covers
damage and off-site tracking to the relevant roads. Commissioner Cozad responded with her
willingness to delete the requirement for the Improvements and Road Maintenance Agreement if
that is what the rest of the Board wishes.
El Chair Kirkmeyer recommended deleting COA #1.A and adding a DS to reflect dust control.
The Board agreed to modify DS #8 to include language as stated: "and shall include dust
abatement when passenger vehicle round trips exceed 50 trips per day."
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Fi Mr. Buhler stated they perform dust abatement already at their other sites with or without a
requirement.
• In response to Chair Kirkmeyer, Mr. Hodges, on behalf of Drill Green, LLC, indicated they
have reviewed the Conditions of Approval and Development Standards and have no concerns or
requested changes.
• Ms. Aungst requested the addition of a new DS#26 to read: "The property owner or operator
shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the
Weld County Code."
• In response to Chair Kirkmeyer, Mr. Hodges, on behalf of Drill Green, LLC, indicated they
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards,
as amended.
IU Commissioner Conway moved to approve the request of Drill Green, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0042, for Mineral Resource
Development Facilities, Oil and Gas Support and Service (office/shop and storage of vehicles and
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 Cozad, who
noted Development Standard #29 addresses the aforementioned concerns related to mineral
interests and the Resolution meets the Weld County Code criteria. The motion carried
unanimously. There being no further discussion, the hearing was completed at 10:55 a.m.
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This Certification was approved on the 9th day of November, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: dQ; ) Cus. . o'�
arbara Kirkmeye Chair
Weld County Clerk to the Board
Mike Freeman Pro-Tem
BY:
Deputy CI to he Bo
. E LZ Sean P. Con ay
/1/31 < a6L _
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iabi Julie A. Cozad
Ail
Ouwil - Steve Moreno
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