HomeMy WebLinkAbout20143413.tiff HEARING CERTIFICATION
DOCKET NO. 2014-86
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0051, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES AND OIL AND
GAS SUPPORT AND SERVICE, INCLUDING, BUT NOT LIMITED TO, AN OIL AND
GAS PRODUCTION EQUIPMENT STORAGE YARD, OFFICE AND ASSOCIATED
BUILDINGS, INCLUDING FOUR (4) CONEX STORAGE CONTAINERS AND A
TWENTY (20) FOOT IN HEIGHT COMMUNICATION TOWER AND IN GROUND POND
IN THE A (AGRICULTURAL) ZONE DISTRICT - CIRCLE B LAND COMPANY, LLC,
C/O BILL BARRETT CORPORATION
A public hearing was conducted on November 5, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
IE I hereby certify that pursuant to a notice dated October 3, 2014, and duly published
October 8, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of Circle B Land Company, LLC, c/o Bill Barrett Corporation, for a Site Specific
Development Plan and Use by Special Review Permit, USR14-0051, for Mineral Resource
Development Facilities and Oil and Gas Support and Service, including, but not limited to, an oil
and gas production equipment storage yard, office and associated buildings, including four (4)
conex storage containers, a twenty (20) foot in height Communication Tower, and in ground
pond in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a
matter of record.
IE Chair Pro-Tem Kirkmeyer advised Doug Denison, with Bill Barrett Corporation, that, since
Chair Rademacher was not able to be present, he had the option of continuing this matter to a
date with the full Board present. However, if he decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Chair Rademacher will listen to the record and
make the determining vote. Mr. Denison indicated they would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He reviewed surrounding land uses and residential properties in the vicinity, and
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reported no correspondence regarding this USR has been received. A six-foot fence with
opaque screening will surround the facility.
Fi Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements. This is on the northeast corner of CR 85 and CR 70 is
only a section line right-of-way. The applicant has complete a license agreement for the
Upgrade and Maintenance of CR 70, entered into in 2013. The applicant has two permitted
accesses onto CR 85. Traffic control devices and 60-foot foot truck turning radius are required.
They project 32 vehicles per day and 4-7 trucks per week; 10 employees will access the site.
There are currently no ADT counts for this location. He noted the drainage requirements include
a water quality feature.
IlEi Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions. She stated they have a re-permitted commercial well and a septic system
adequate to accommodate 10 on-site employees, and whether there will be truck washing on
the site is still an open question.
I] Pat Denizon, with Bill Barrett Corporation, showed a PowerPoint presentation, entered into
the record as Exhibit "D." He stated production equipment to service well-pads will be staged
here and should reduce overall truck traffic in the County. He said there will be a
communications tower to facilitate communication and safety. He listed the types of equipment
to be stored here, and said no hazardous or liquid materials will be stored on this site. He
explained that a pond has been constructed to the North; however, the leasee did not obtain the
subdivision exemption as they were expected to do and which was a condition of approval for
this USR. He noted there is not a lot of development in the area and addressed the Screening
Plan, and requested that screening only be required on the side of their facility facing the
County Road, due to high winds. It was noted the nearest residence is two miles away.
No public testimony was offered concerning this matter.
El Mr. Ogle requested striking the first sentence of Condition of Approval #1.B, regarding the
commercial well, and striking #1.A.2, as redundant, as well as #1.C, regarding the Lighting Plan,
as covered by Development Standard #18, and deleting the word 'Landscape' in Condition of
Approval #1.D, subsequently the Board agreed the whole thing may be deleted. The Board
agreed to delete the first sentence of #1.E, regarding a Signage Plan. There was extensive
discussion of Condition of Approval #1.F, regarding a subdivision exemption for the leasing of
the pond property. Mr. Ogle and Mr. Yatabe explained why there would need to be a subdivision
exemption. Chair Pro-Tem Kirkmeyer said if they want to put a pond on their property and lease
it, that should not require a subdivision exemption, and Mr. Ogle replied that a lease agreement
requires an exemption per the code. Commissioner Garcia concurred. Mr. Yatabe said the state
statute addresses the "creation of any interest" which has been interpreted to be inclusive of
leases; the exemption does not create a separate parcel but addresses that issue. El
Jeff Fandrick, Bill Barrett Corporation, said he believes the lease is for the ground and that they
have a separate contract for service. Commissioner Garcia said too many cases could fall into
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this category. F Mr. Yatabe reviewed the definition of subdivision. He stated the State
statute refers to "any interest that is created" which includes a lease hold. Commissioner
Kirkmeyer reiterated that she thinks #1.F is unnecessary, as this is a private matter between the
owner and lessee, and should be deleted. The Board concurred and decided to examine this
portion of the code for future reference. El Mr. Ogle requested the deletion of#G.5, #G.6 and
#G.7. Commissioner Kirkmeyer suggested deleting the reference to the subdivision exemption
in #G.14, and shortening this to "delineate the location of the in ground pond". Mr. Ogle
requested the deletion of Development Standard #13, regarding the existing water supply, as
well as #19 regarding landscape/screening.
F Commissioner Kirkmeyer noted Development Standard #8 should be changed to a
Condition of Approval under#1. All of the aforementioned were done by assent of the Board.
F Commissioner Freeman asked about Development Standard #4, regarding the number of
ful-time employees. Mr. Denison said only in the case of a weather event would there be more
than 10 employees at the site. The number of employees was raised from 10 to 15, by assent
of the Board. Mr. Denison said this is mostly to allow all their employees in the area a place to
get out of bad weather.
El Mr. Denison addressed the in ground pond issue, and noted that the USR does not
currently address the pond because it was anticipated that Select would do their own process;
however, it is indicated as something that will now be delineated on the plat.
le In response to Chair Pro-Tem Kirkmeyer, Mr. Denison indicated he and the applicant have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
F Commissioner Conway moved to approve the request of Circle B Land Company, LLC, c/o
Bill Barrett Corporation for a Site Specific Development Plan and Use by Special Review Permit,
USR14-0051, for Mineral Resource Development Facilities and Oil and Gas Support and
Service, including, but not limited to, an oil and gas production equipment storage yard, office
and associated buildings, including four (4) conex storage containers and a twenty (20) foot in
height Communication Tower, and an In Ground Pond, 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 Garcia, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:51 a.m.
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This Certification was approved on the 10th day of November, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dojo) �C �,��� EXCUSED
a Douglas Rademacher, C air
Weld County Clerk to the :r• �.
1 / �� ':� :arbara Kirk eyer, ro-Tem
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BY: •
B1 �: `I
Deputy Clerk'o the Bo-'k el, �' A
®e NI Sean P. Conway
Mike Fr an
liam F. Garcia
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