HomeMy WebLinkAbout20081206.tiff HEARING CERTIFICATION
DOCKET NO. 2008-26
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #211 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND SERVICE (NATURAL GAS PROCESSING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - KERR-MCGEE
GATHERING, LLC
A public hearing was conducted on April 9, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated March 21, 2008,and duly published March 26,2008,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Kerr-McGee
Gathering, LLC, for a Site Specific Development Plan and Second Amended Use by Special
Review (USR) Permit #211 for a Mineral Resource Development Facility, including Oil and Gas
Support and Service (natural gas processing facility), and one or more microwave or other
communication transmission or relay towers over seventy (70) feet in height [120-foot
communications tower])in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made
this a matter of record. Chair Jerke advised the applicant's representative, Patrick Groom, 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 Long will listen to the record and make the determining vote. Mr. Groom indicated
he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered
the favorable recommendation of the Planning Commission into the record as written, and gave
a brief description of the location of the site and surrounding land uses. He stated there are no
residences within 1,000 feet of the facility; however, there are three compressor facilities to east
and northeast, and twelve property owners within 500 feet of the site. He further stated the
applicant will be required to provide bottled water, and the site is accessed from County Road 22,
which is a two-lane, paved road. Mr. Ogle stated twelve referral agencies reviewed the proposal,
and nine responded favorably or provided comments that have been addressed in the Conditions
of Approval and Development Standards. He displayed photographs of the site and surrounding
properties, and stated County Road 22 is located north of the site, there are two accesses, and the
facility will be fenced with chain link.
2008-1206
PL0757
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (2NDAMUSR#211)
PAGE 2
Lauren Light, Department of Public Health and Environment, stated staff has no objections to the
proposal. She stated after speaking with the applicant's representative, staff is agreeable to
allowing the use of water and sanitation facilities located on the property to the south, permitted
under USR#1291. She stated Condition of Approval#3.A is a duplicate of Condition#2.A and may
be deleted,and Development Standard#11 may be replaced with new language to state,"Drinking
and sanitary facilities shall be located on USR#1291."
Don Dunker, Department of Public Works, stated County Road 22 is a two-lane, paved roadway
which currently has 60 feet of right-of-way and requires 140 feet of right-of-way at full buildout. He
stated it is a strategic roadway, and in 2007, the average daily traffic count was approximately
1,012 vehicles per day. He stated the application indicates there will be ten pickup trucks, per day,
and an occasional semi-truck to remove condensate. He further stated the site has two accesses
from County Road 22, and no additional accesses will be required.
Mr. Groom stated this is one of three USR's in the area which are owned by Kerr-McGee. He
stated USR#1353 to the east, and USR#1291 to the south, have both been updated through the
amendment process, and USR#211 is being updated to reflect new ownership. He clarified there
was some confusion when the application was submitted,and this request should only address the
Natural Gas Processing facility, not the communications tower. In response to Chair Jerke,
Mr. Groom stated initially there was some confusion regarding the source of water; however, it was
later clarified that USR #1291 contains the office location and will also provide water and sewer
service for the subject site.
Robert Warner,surrounding property owner to east and south,stated this parcel has had problems
with wind erosion. He stated the applicant is working to improve the situation; however, sand has
been blowing through the fence, resulting in 50 to 60 feet of blow sand on his property. Mr.Warner
stated the applicant has graded the drifts of sand in his pasture, planted a cover crop,and removed
the weeds; however, the subject parcel needs some vegetative cover, rock, etcetera, to prevent
the blowing sand. He stated the applicant previously agreed to plant vegetation or place rock, and
wants to ensure the improvements are completed to prevent further blowing. In response to
Commissioner Jerke, Ms. Light stated Development Standards#5 and#8 address fugitive particle
emissions and fugitive dust. She stated if staff receives a complaint, they will do a site
investigation, and if the situation is not brought into compliance, the County can pursue revocation
of the permit. Responding to Commissioner Rademacher, Mr.Warner stated all three Kerr-McGee
sites have experienced wind erosion. He stated the applicant did place rock on portions of the
sites, which has worked well; however, more is needed. Responding further to Commissioner
Rademacher, Ms. Light added the neighboring facilities have the same standards for fugitive
particle emissions and fugitive dust.
Mr. Groom stated the applicant will continue to address the fugitive dust issue, as well as submit
a Dust Abatement Plan to address Mr. Warner's concern. He stated the site to the north is
operated by EnCana and he cannot address blowing dust from that facility; however, the applicant
will work to resolve the issue on the three Kerr-McGee sites. Responding to Commissioner Jerke,
Mr. Groom stated he and the applicant have reviewed,and concur with, the Conditions of Approval
and Development Standards, as proposed and modified. Responding to Commissioner Masden,
Mr. Groom stated the Dust Abatement Plan must be submitted prior to recording the plat, which
will likely be done within the next sixty days. He further stated the dust blowing issue will be
resolved before the end of the year.
2008-1206
PL0757
HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (2NDAMUSR#211)
PAGE 3
Commissioner Rademacher moved to approve the request of Kerr-McGee Gathering, LLC, for a
Site Specific Development Plan and Second Amended Use by Special Review Permit#211 for a
Mineral Resource Development Facility, including Oil and Gas Support and Service (natural gas
processing facility) in the A (Agricultural) Zone District, based on the recommendations of the
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 Masden. Upon
clarification, the motion was amended to eliminate all references to the communications tower,
delete Condition of Approval#3.A, and replace Development Standard#11 to state, "Drinking and
sanitary facilities shall be located on USR#1291." (Clerk's Note: Eliminating all references to the
communications tower also resulted in deleting Condition of Approval #1.E and Development
Standards #19 and #20, and modifying Development Standard #11 resulted in deleting
Development Standards #10 and #12.) There being no further discussion, the motion carried
unanimously and the hearing was completed at 10:25 a.m.
This Certification was approved on the 14th day of April, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�� ELD COUNTY, COLORADO
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ATTEST: ���� 9 14 EL , /
86 H. Jerke, Chair
Weld County Clerk to the Board ,'Qt,
1, E� D DATE OF APPROVAL
: A st.la D. Masden-; Pro-Tem
BY:
Deput Jerk to the Board ,. w
William F. Garcia
EXCUSED
David E. Long
ougla ademach
2008-1206
PL0757
EXHIBIT INVENTORY CONTROL SHEET
Case 2ND AMUSR#211 - KERR-MCGEE GATHERING, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/19/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and Photo of sign posting
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