HomeMy WebLinkAbout20080295.tiff HEARING CERTIFICATION
DOCKET NO. 2008-07
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1631
FOR AN OIL AND GAS PRODUCTION FACILITY (FIVE OIL AND GAS WELLS, FIVE
SEPARATORS AND METER HOUSES, FIVE PRODUCTION TANKS,AND TWO WATER
TANKS) IN THE R-1 (LOW-DENSITY RESIDENTIAL)ZONE DISTRICT- HUNGENBERG
INVESTMENTS, LLC,AND D AND B HUNGENBERG INVESTMENTS, LLC, C/O MATRIX
ENERGY, LLC
A public hearing was conducted on January 30, 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
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther E. Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Hannah Hippely
Health Department representative, Trevor Jiricek
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated January 11, 2008, and duly published January 16,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Hungenberg Investments, LLC, and D and B Hungenberg Investments, LLC, c/o Matrix Energy,
LLC, for a Site Specific Development Plan and Use by Special Review Permit#1631 for an Oil and
Gas Production Facility (five oil and gas wells, five separators and meter houses, five production
tanks, and two water tanks) in the R-1 (Low-Density Residential) Zone District. Cyndy Giauque,
Assistant County Attorney, made this a matter of record. Hannah Hippely, 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. She stated twelve referral agencies reviewed the proposal, and
eight indicated no conflict with their interests or provided comments which have been addressed
in the Conditions of Approval and Development Standards. In response to Commissioner Jerke,
Ms. Hippely stated the request is to permit existing facilities on the site; however, they were
appropriately permitted through the Colorado Oil and Gas Conservation Commission. Responding
to Commissioner Masden, Ms. Hippely stated there is no administrative review process for Use by
Special Review permits, and the use is not allowed by right in the present zoning.
Trevor Jiricek, Department of Public Health and Environment, stated since this is an unmanned
facility, his comments are limited to prevention of nuisance conditions.
David Snyder, Department of Public Works, stated the facility will be accessed from a paved road
with minimal traffic, and he has no concerns.
2008-0295
PL1943
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HEARING CERTIFICATION - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, C/O MATRIX ENERGY, LLC (USR #1631)
PAGE 2
Patrick Groom, Attorney, stated the applicant incorrectly assumed the property was zoned
A (Agricultural) and proceeded with construction. He stated another operator in the area did the
same, and no one is sure why the property is zoned Residential. In response to Commissioner
Garcia, Mr. Groom stated he has seen the Aeronautical Study; however, the applicant does not
believe the facility will have an adverse impact because the tank batteries are only ten feet in
height, which is less of an obstruction than residential construction. He further stated a berm was
constructed around the facility to address floodplain concerns.
Dan Schwartz, applicant, stated they constructed low-profile storage tanks, which are
approximately ten feet in height,to address the neighbors'concerns. Ms. Hippely stated neighbors'
concerns also dealt with when the wells are being drilled. She state the improvements are in a
draw located between the Bliss Lateral Ditch and the Eaton Draw.
No public testimony was offered concerning this matter. In response to Commissioner Jerke,
Mr. Groom stated he, and the applicant, have reviewed, and concur with, the Conditions of
Approval and Development Standards, as proposed.
Commissioner Long moved to approve the request of Hungenberg Investments, LLC,and D and B
Hungenberg Investments, LLC, c/o Matrix Energy, LLC, for a Site Specific Development Plan and
Use by Special Review Permit#1631 for an Oil and Gas Production Facility(five oil and gas wells,
five separators and meter houses, five production tanks, and two water tanks) in the
R-1 (Low-Density Residential)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 Garcia. In response to
Commissioner Rademacher, Mr. Jiricek stated Development Standard #8 is applicable because
a Stormwater Discharge Permit is required for construction on sites larger than one acre. Chair
Jerke stated the requirement for the permit will be determined by the Colorado Oil and Gas
Conservation Commission. There being no further discussion,the motion carried unanimously and
the hearing was completed at 10:15 a.m.
2008-0295
• PL1943
HEARING CERTIFICATION - HUNGENBERG INVESTMENTS, LLC, AND D AND B
HUNGENBERG INVESTMENTS, LLC, C/O MATRIX ENERGY, LLC (USR#1631)
PAGE 3
This Certification was approved on the 4th day of February, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � / 4 , /! j�_
' - t • W%H. Jerke, Chair
Lc'Weld County Clerk to the Board
1861 "`` 1n ,t r\A\,
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BY. r,C� Herz ? 0\ o rt [ . Masden Pro-Tem
Deputy Clerk to the Board "� y� (1'
iancia�
) -� � /
David E. Long 00
ougla Rademacher
2008-0295
PL1943
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1631 - HUNGENBERG INVESTMENTS, LLC, AND
D AND B HUNGENBERG INVESTMENTS, 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 12/04/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
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