HomeMy WebLinkAbout20092925.tiffHEARING CERTIFICATION
DOCKET NO. 2009-63
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1709 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT - SUNCOR ENERGY (USA) PIPELINE COMPANY
A public hearing was conducted on November 4, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 2009, and duly published
September 24, 2009, in the Windsor Beacon, a public hearing was conducted to consider the
request of Suncor Energy (USA) Pipeline Company for a Site Specific Development Plan and
Use by Special Review Permit #1709 for a Mineral Resource Development Facility, including an
Oil and Gas Storage Facility in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
In response to Chair Garcia, Julie Cozad, TetraTech, represented the applicant and indicated
she previously provided a letter requesting a continuance of the matter to December 16, 2009,
so that the applicant may meet with surrounding property owners to address concerns, as well
as to work with the Department of Public Works regarding the Conditions of Approval. She
confirmed several letters and e -mails have been received from surrounding property owners,
the applicant has personally met with several of the surrounding property owners, and a
neighborhood meeting is scheduled for November 19, 2009. She further confirmed the
applicant has been meeting with representatives from the Department of Public Works to work
through various issues, and she is confident the issues will be resolved by the requested
continuance date. Ms. Cozad clarified one person in the audience may be in attendance to
provide comments; however, she confirmed the surrounding property owners have been
contacted to be made aware that a continuance of the matter would be requested today. Chair
Garcia expressed his appreciation to Ms. Cozad for notifying the surrounding property owners.
Kim Ogle, Department of Planning Services, confirmed staff is in support of the applicant's
continuance request.
In response to Chair Garcia, Mr. Ogle confirmed the fee which may be assessed to the
applicant for a continuance request is assessed at the discretion of the Planner handling the
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HEARING CERTIFICATION - SUNCOR ENERGY (USA) PIPELINE COMPANY
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case. Chair Garcia indicated he believes the Board does not want the applicant to be assessed
a $500.00 fee in this matter, and in response, Ms. Cozad confirmed she requests that a
continuance fee charge not be levied in this circumstance. She clarified she is prepared to
present today; however, the applicant strongly believes it will be beneficial to meet with the
surrounding property owners before proceeding with the hearing. Commissioner Rademacher
confirmed the matter regarding continuance fees was recently discussed, and it is his
understanding that the charge is at the discretion of the Department of Planning Services,
depending upon the reason that the matter is being continued. He further confirmed if the
charge is assessed by the Department, the applicant has the ability to appeal the fee to the
Board of County Commissioners. Mr. Ogle reiterated the continuance fee is normally enforced
by the Department when an applicant has failed to adequately prepare for a hearing, and is not
ready to proceed on the scheduled date.
Ms. Cozad indicated the description of the USR permit was read into the record, indicating an
Oil and Gas Storage Facility; however, the future references should indicate an Oil and Gas
Support Facility. She confirmed the intended uses on the site include the unloading of trucks,
and there are no storage uses proposed. She further confirmed clarification of the language
was discussed during the Planning Commission hearing.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer indicated the County Attorney needs to review the application
materials to ensure the listed uses are correct. Chair Garcia indicated he believes it was an
oversight.
Commissioner Rademacher moved to continue the request of Suncor Energy (USA) Pipeline
Company for a Site Specific Development Plan and Use by Special Review Permit #1709 for a
Mineral Resource Development Facility, including an Oil and Gas Support Facility in the
A (Agricultural) Zone District, to December 16, 2009, at 10:00 a.m. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:15 a.m.
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HEARING CERTIFICATION - SUNCOR ENERGY (USA) PIPELINE COMPANY
(USR-1709)
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This Certification was approved on the 9th day of November, 2009.
ATTEST:
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Weld County Clerk to the Bo20
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Depu y Clerk to the Board 3
BOARD OF CgIJNTY COMMISSIONERS
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ugt`as Rademacher, Pro -Tern
EXCUSED
Sea p P. Conway
ara Kirkmeyer
David E. Long
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