HomeMy WebLinkAbout20143426.tiff HEARING CERTIFICATION
DOCKET NO. 2014-89
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0034, FOR AN OIL AND GAS STORAGE AND TRANSLOADING FACILITY
(OIL STORAGE TANKS AND MISCELLANEOUS PROCESSING EQUIPMENT, ALONG
WITH A TRUCK LOADING PLATFORM WHERE OIL WILL BE LOADED ONTO
TRUCKS FOR SHIPPING) IN THE A (AGRICULTURAL) ZONE DISTRICT - DIAMOND
VALLEY ENERGY PARK, LLC, C/O EXTRACTION OIL AND GAS, LLC
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-Tern
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, Chris Gathman
Public Works representative, Wayne Howard
Health Department representative, Heather Barbare
The following business was transacted:
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 Diamond Valley Energy Park, LLC, c/o Extraction Oil and Gas, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR14-0034, for an Oil and
Gas Storage and Transloading Facility (oil storage tanks and miscellaneous processing
equipment, along with a truck loading platform where oil will be loaded onto trucks for shipping)
in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter
of record.
El Chair Pro-Tem Kirkmeyer advised Blaine Thingelstad, with Extraction Oil and Gas, 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. Thingelstad indicated he would like to proceed today.
El Chris Gathman, 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. The facility will be located on seven (7) acres if an 80-acre site, and terminus
of a gathering pipeline with storage of up to 16,000 barrels of unprocessed crude oil. The tanks
will be 30-feet high. The number of truck trips proposed is 20 per 24-hour period. The site is
north of the former Kodak facility site and close to the Town of Windsor. A residence with a
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home business (concrete cutting) is one-quarter mile from the site and is well-screened by large
trees. The main access, Eastman Park Drive, has been annexed by the Town of Windsor. A
signed pre-annexation agreement between Windsor and Extraction Oil and Gas, LLC, has been
Condition of Approval #1.A. Mr. Gathman showed images of the site,
submitted and satisfies pp 9
site plan, and surrounding area. There is an existing residence on the site, which will likely be
replaced by a modular building which will function as the office.
Mr. Gathman had a number of recommended changes to the resolution. He suggested
Development Standard#4, regarding signage, be removed, as well as #5, regarding lighting, (as
redundant to Development Standard #19): "Signage/lighting on the site shall be maintained in
accordance with the Weld County Code," as they will be shown on the plat. Mr. Gathman said
Diana Aungst proposed clarified and updated language for Development Standard #22,
regarding building in the floodplain. He also suggested Development Standards #26 and #27,
be removed. In response to Chair Pro-Tem Kirkmeyer, he said the County does not have a
comprehensive planning agreement with the Town of Windsor, but they were sent a referral.
Wayne Howard, Department of Public Works, provided a brief overview of the
transportationplans and requirements. He noted that Eastman Park Avenue (aka CR 66) is
P q
under the jurisdiction of the Town of Windsor, and the applicant has been requested to delineate
the right-of-way for the Town (130 feet of future right-of-way). Average Daily Traffic counts are
unknown to the County. Mr. Howard said the applicant projects 20 trucks per 24 hours,
reviewed the haul routes, and said a drainage study is currently being revised with the
assistance of an engineer, and the property is in a floodplain.
El Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions. She said there is an existing septic system and well. Portables are allowable
during construction until the Town of Windsor sewer is connected, the septic will require
engineer review, and staff requests documentation from the Colorado Division of Water
Resources that the well is approved for commercial use. A Waste Handling Plan has been
submitted, but not yet approved; truck washing is allowed and Condition of Approval #1.F
addresses that disposal. A Spill Prevention and Counter Measure Control Plan is required, as
well as all standard leak detection and secondary containment requirements.
Mr. Thingelstad said their company is growing and is committed to best practices. He then
reviewed why this site was selected, including that it is an industrial area and appropriate for
truck traffic. He said the neighbors have been cooperative and those lines of communication
are open. He explained how the facility works (oil process flow) and reviewed the location. He
noted that a new road, Diamond Way, will be constructed for access, and he explained site
traffic flow. He stated that the waste water in the tanks will go into a combustion device. In
response to Commissioner Conway, Mr. Thingelstad said the timing of their truck traffic will be
flexible, primarily limited to daylight operations; however they would appreciate more flexibility.
He discussed the haul routes, and noted there are several different destinations for the barrels,
and those will vary; their goal is to avoid taking trucks through the Town of Windsor.
El No public testimony was offered concerning this matter.
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El In response to Chair Pro-Tern Kirkmeyer, Mr. Thingelstad addressed Conditions of
Approval #1.E and #1.F, regarding documentation required for vehicle maintenance and
washing; he stated neither will occur at this site. In response to Commissioner Conway, he said
that many conversations have taken place with the Town of Windsor. Chair Pro-Tern Kirkmeyer
noted municipalities cannot put requirements on the County resolution. Mr. Thingelstad said
Extraction wants to work well with local communities, so they did feel some pressure to sign a
pre-annexation agreement, but he acknowledged he knew it was not necessary for today's
hearing. Chair Pro-Tern Kirkmeyer proposed changing the word "requirements" to the word
"comments," in Condition of Approval #1.A, regarding the Town of Windsor, because they
cannot require any in this resolution.
In response to Commissioner Conway, Mr. Howard confirmed that Windsor has not
provided any traffic counts; however, the applicant did their own small traffic study. Conditions
of Approval #1.E. and #1.F were deleted by assent of the Board. Chair Pro-Tern Kirkmeyer
suggested the language should be changed in Condition of Approval #1.H. to indicate meeting
the code and references to a Lighting Plan should be deleted throughout the findings. Condition
of Approval #1.1 requires a Signing Plan, so that should be changed to "meet the code" and
Condition of Approval #1.J should be changed to read, "submit approved access permit # from
the Town of Windsor prior to recording the plat". Mr. Thingelstad explained their understanding
with Windsor regarding accesses. Conditions of Approval #K.5 and #K.6 should be deleted
since site lighting/ signage "shall be indicated on the plat". In response to Chair Pro-Tem
Kirkmeyer, Mr. Gathman agreed "commercial building permit" application should be inserted in
Condition of Approval #6.A.
El Chair Pro-Tem Kirkmeyer asked if Development Standard #9 was a requirement,
Ms. Barbare replied yes, and Chair Pro-Tern Kirkmeyer suggested inserting the words "if
applicable." In Development Standard #11 the Dust Abatement Plan, Ms. Barbare said that has
already been approved. Chair Pro-Tern Kirkmeyer suggested that needs to be listed as a
Condition of Approval, such as, "they will have an approved dust abatement plan. It was
determined that a new Development Standard #19 in regard to lighting was unnecessary as
covered by#17.
El Chair Pro-Tem Kirkmeyer said #22, #23 and #24 seem redundant. It was decided to keep
#22 and delete #23 and #24. Development Standards #26 and #27 were deleted as requested
by staff by assent of the Board, as well as Development Standard #10. Mr. Gathman gave the
language "The applicant shall submit a Dust Abatement Plan," added as a new Condition of
Approval #1.L.
In response to Chair Pro-Tern Kirkmeyer, Mr. Thingelstad indicated he and the applicant
have reviewed, and agree to abide by, the Conditions of Approval and Development Standards,
as amended.
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Commissioner Garcia moved to approve the request of Diamond Valley Energy Park, LLC,
c/o Extraction Oil and Gas, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR14-0034, for an Oil and Gas Storage and Transloading Facility (oil storage
tanks and miscellaneous processing equipment, along with a truck loading platform where oil
will be loaded onto trucks for shipping) 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 Freeman, and it carried unanimously.
EI Commissioner Conway said this intersection is becoming a concern because there are old
and new residential neighborhoods here, along with greatly increased truck traffic in the area.
He stated this intersection may be Windsor's responsibility, but the County is allowing a lot of
development out there at Eastman and Highway 257, and the area is becoming a cluster and
long-term planning needs to discussed and addressed. He stated he is in support of this
application, but going forward there need to be traffic counts done for this area. He also
commended the applicant for moving their truck route to the south.
There being no further discussion, the hearing was completed at 10:48 a.m.
This Certification was approved on the 10th day of November, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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