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HomeMy WebLinkAbout20132941.tiffHEARING CERTIFICATION DOCKET NO. 2013-67 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT USR13-0042 (FKA USR-866), FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (EXPANSION OF AN EXISTING GAS PROCESSING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT — AKA ENERGY GROUP, LLC A public hearing was conducted on October 23, 2013, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro -Tern - EXCUSED Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Jennifer Petrik Health Department representative, Lauren Light The following business was transacted: IEJ I hereby certify that pursuant to a notice dated August 23, 2013, and duly published August 28, 2013, in the Greeley Tribune, a public hearing was conducted to consider the request of AKA Energy Group, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit USR13-0042 (fka USR-866), for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (expansion of an existing Gas Processing Facility) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. OD Chair Garcia advised Steve Szabo, Project Manager, representing the applicant, that, since Commissioner 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, Commissioner Rademacher will listen to the record and make the determining vote. Mr. Szabo indicated they would like to proceed. • 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. He noted this USR was originally approved under USR-866 on January 18, 1989, and the applicant proposes to expand further to the west, and install and remove equipment at the original facility, which he listed in detail. He said there will be a new gated emergency access to the west, 24/7 operations, with six (6) employee/contractors onsite daily from 5:30 a.m. to 5:30 p.m., and there is a multiple family apartment 750 feet to the west. t'..c,•. Ca,PL, Pw, tkt. tV- tab -tom, 2013-2941 PL0455 HEARING CERTIFICATION -AKA ENERGY GROUP, LLC (USR13-0042) PAGE 2 Mr. Gathman stated no public concerns have been received, and he reviewed referrals. He noted a Lighting Plan, Site Plan and a Sign Plan have been received, so those requirements have been satisfied. In response to Commissioner Kirkmeyer, he said the stacks are 70 feet tall (an average telephone pole is 35 feet tall). IR Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements: there will be six employees per day on site, and truck trips 8 times per week, an Offsite Improvements Agreement is required and there is a U.S. Highway 85 Access Control Plan. In response to Commissioner Conway, she said there is an Improvements Agreement for the construction phase and a Grading Plan requirement. e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. Mr. Szabo gave a brief overview of the site and project. El In response to Commissioner Conway, Mr. Szabo said the final layout plans have not been given to the Gilcrest/Platteville Fire Protection District yet, but will be soon. He said here will be one 90 -foot incinerator tower, but the flame will not be visible; he explained the chemical process and the commercial purpose of the facility; an emissions permit is required, and there are no additional hazardous materials at the site. No public testimony was offered concerning this matter. ID Mr. Szabo said he had no concerns regarding the Conditions of Approval or Development Standards. In response to Commissioner Kirkmeyer, he said the additional emergency access is for reaching either end of the facility in case of fire blockage in the middle. CJ Commissioner Kirkmeyer suggested the deletion of Condition of Approval's #1.C and #1.D, requiring the Emergency Management and Safety Plan, and Fire Protection District coordination, as redundant and covered by condition #6.A; done by assent of the Board. She also suggested a change to the language of Development Standard #3 to state, "employees will access the site from 7:30 to 5:30 at the primary location", and delete "as stated by the applicant"; done by concurrence of the Board. el In response to Chair Garcia, Mr. Szabo said he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Kirkmeyer moved to approve the request of AKA Energy Group, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit USR13-0042 (fka USR-866), , for Mineral Resource Development Facilities, including an Oil and Gas Support and Service Facility (expansion of an existing Gas Processing Facility) 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 2013-2941 PL0455 HEARING CERTIFICATION -AKA ENERGY GROUP, LLC (USR13-0042) PAGE 3 record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:49 a.m. This Certification was approved on the 28th day of October, 2013. BOARD OF CO WELD COLORADO ATTEST1,9,. Weld County Clerk to the Board BY: Deputy Clerk NTY COMMISSIONERS Willia Ga a, Chair EXCUSED Douglas Rademacher, Pro-Tem Mike Freeman arbara Kirkmeyer 2013-2941 PL0455 Hello