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HomeMy WebLinkAbout20122159.tiff HEARING CERTIFICATION DOCKET NO. 2012-62 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0028, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT AND SERVICES FACILITY (BUCKINGHAM PIPELINE BOOSTER PUMP STATION), IN THE A (AGRICULTURAL) ZONE DISTRICT - OVERLAND PIPELINE COMPANY, LLC, C/O WILLIAMS MIDSTREAM A public hearing was conducted on August 22, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer- EXCUSED Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Don Carroll Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated July 20, 2012, and duly published July 25, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Overland Pipeline Company, LLC, c/o Williams Midstream, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0028, for a Mineral Resource Development Facility, including an Oil and Gas Support and Services Facility (Buckingham Pipeline Booster Pump Station), in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. El Chair Conway advised Jeff Tarde, applicant, that he has the option of continuing this matter to a date when the full Board will be present. However, if he decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Kirkmeyer will listen to the record and make the determining vote. Mr. Tarde indicated he would like to proceed today. EI 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 also displayed maps and photographs of the site and surrounding area and answered questions from the Board. Don Carroll, Department of Public Works, provided a brief overview of the existing conditions, the proposed transportation and drainage plans, and the site improvement and permitting requirements. P� ' ' 2012-2159 g-I - Ia PL2179 HEARING CERTIFICATION - OVERLAND PIPELINE COMPANY, LLC, C/O WILLIAMS MIDSTREAM (USR12-0028) PAGE 2 e Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, dust control, waste management, and potential APEN requirements. She also addressed questions from the Board concerning noise. El Jeff Tarde represented the applicant and explained the proposal and addressed the noise standards. E Commissioner Long requested extensive noise mitigation in relation to the neighbor and questioned the odd notification. Mr. Ogle explained the surrounding property owner list is generated from the information that exists in the Assessor's website. Mr. Tarde answered questions concerning the applicant's lack of contact with the immediate neighbor, noise readings, and the plans to retain the site as an electric station only. No public testimony was offered concerning this matter. Mr. Tarde indicated no concern with the proposed Conditions of Approval and Development Standards. In response to Commissioner Long, Mr. Tarde reviewed the process for determining the placement of the pipeline and station. In response to Commissioner Rademacher, Ms. Light discussed the noise level comparables and suggested changing Development Standard #7 to the Non-specified noise level, which is more restrictive than Industrial. El Commissioner Garcia commented it is very quiet on the prairie when the wind is not blowing and Mr. Tarde commented it would be very difficult to mitigate the noise any further. Following discussion, the Board agreed to modify Development Standard #7, as proposed by Ms. Light. Following a brief recess, Mr. Tarde confirmed the noise reading taken at the fence line is 70 decibels and it drops to 42 decibels at one-quarter of a mile away. The Board encouraged the applicant to consider any additional mitigation measures to accommodate the neighbor. IE In response to Chair Conway, Mr. Tarde stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. E Commissioner Garcia moved to approve the request of Overland Pipeline Company, LLC, do Williams Midstream, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0028, for a Mineral Resource Development Facility, including an Oil and Gas Support and Services Facility (Buckingham Pipeline Booster Pump Station), 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. His motion also included the amendment to Development Standard #7 to reflect the Non-Specified Zone District for noise restriction purposes. The motion was seconded by Commissioner Rademacher. Commissioner Long commented it would be better to relocate the 2012-2159 PL2179 HEARING CERTIFICATION - OVERLAND PIPELINE COMPANY, LLC, CIO WILLIAMS MIDSTREAM (USR12-0028) PAGE 3 site further along the line where it will not impact the one neighbor in the area; however, if approved, he strongly encourages thorough mitigation. Chair Conway agreed and encouraged the applicant to be a good neighbor to avoid conflicts in the future. Commissioner Garcia agreed and noted proper procedure was followed by posting a sign on the site and mailing of the notice and he believes the applicant will operate as a good neighbor. Commissioner Rademacher agreed. Upon a call for the vote, the motion carried three to one, with Commissioner Long opposed. There being no further discussion, the hearing was completed at 10:55 a.m. This Certification was approved on the 27th day of August, 2012. 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