HomeMy WebLinkAbout20073205 HEARING CERTIFICATION
DOCKET NO. 2007-86
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1534
FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING AN OIL AND GAS
SUPPORT AND SERVICE FACILITY(GAS PROCESSING) IN THE A(AGRICULTURAL)
ZONE DISTRICT-LARRY G.AND FLORENCE E.KAMMERZELL REVOCABLE TRUSTS,
C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES
A public hearing was conducted on October 31, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher •
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated October 12, 2007, and duly published October 17,
2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of the
Larry G. and Florence E. Kammerzell Revocable Trusts, c/o DCP Midstream, fka Duke Energy
Field Services, for a Site Specific Development Plan and Use by Special Review Permit#1534 for
a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility
(gas processing) in the A(Agricultural)Zone District. Cyndy Giauque, Assistant County Attorney,
made this a matter of record. 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 stated this request will upgrade an existing gas processing facility,
and he gave a brief description of the location of the site and surrounding land uses. Mr. Gathman
submitted a Memorandum, marked Exhibit F, requesting a new Condition of Approval #1.J be
added to state, "The applicant shall submit a Lighting Plan to the Weld County Department of
Planning Services for review." He also requested Condition of Approval #1.G be corrected to
replace the word "Water" with "Waste."
Char Davis, Department of Public Health and Environment, stated the site is unmanned, a septic
system will not be required, and bottled water will be provided for staff, if needed.
Don Dunker, Department of Public Works, stated Two Rivers Parkway (County Road 27) is
classified as a major arterial road,which requires 140 feet of right-of-way at full buildout. He stated
the average daily traffic count in 2003 was approximately 1,586 vehicles per day,and the proposed
use will add one truck per day, and one semi-truck per week, with no public access.
2007-3205
PL1933
fig ; ��, /It? - //- -a7
HEARING CERTIFICATION - LARRY G. AND FLORENCE E. KAMMERZELL REVOCABLE
TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES (USR#1534)
PAGE 2
Patrick Groom, Attorney, represented the applicant and stated the application has been pending
for a long time. He noted that Duke Energy Field Services is now operating as DCP Midstream,
and the change should be reflected throughout the record. Mr. Groom stated the facility is
designed to handle production,the closest residence is one-quarter of a mile from the site,and the
landowners are present if there are questions. He stated the applicant has worked to address the
noise and lighting issues, in an effort to preserve and protect the landowners'interest. Responding
to Commissioner Rademacher, Mr. Groom stated the existing structures will remain,and there will
be no additions, with the exception of a possible muffler if the facility becomes active again. He
explained the compressor is not currently operating due to low levels of production, the use will be
based on market conditions, and the desire is to have full production if the market improves.
Larry Kammerzell, surface property owner, stated he signed a 99-year lease for the site to place
a valve station, and there was no mention of a compressor. He stated the compressor has a very
large and noisy engine; however, it is not currently running. He stated the terms of the lease
indicate if the site is not used for a year then it will be abandoned and removed. He further stated
most of the area has been drilled out, and he is not sure whether there will be any drilling in the
future.
Mr. Groom stated the applicant has a good working relationship with the surface owner. He
explained Duke Energy Field Services purchased the site from a predecessor and took over the
existing equipment, therefore, DCP Midstream did not have any part in misrepresenting the use
to the surface owner.
In response to Chair Long, Mr. Gathman clarified the language to be added as a new Condition of
Approval #1.J was previously required as a Condition of Approval Prior to Scheduling. He also
requested Condition of Approval #1.G be corrected to reference a Waste Handling Plan, versus
a Water Handling Plan, and that all references to Duke Energy Field Services be replaced with
DCP Midstream.
Commissioner Garcia moved to approve the request of the Larry G. and Florence E. Kammerzell
Revocable Trusts, do DCP Midstream, fka Duke Energy Field Services, for a Site Specific
Development Plan and Use by Special Review Permit#1534 for a Mineral Resource Development
Facility, including an Oil and Gas Support and Service Facility (gas processing) 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. His motion included moving inserting a new Condition of Approval#1.J and relettering as
appropriate, correcting Condition of Approval #1.G, and replacing all references to Duke Energy
with DCP Midstream. The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:45 a.m.
2007-3205
PL1933
HEARING CERTIFICATION - LARRY G. AND FLORENCE E. KAMMERZELL REVOCABLE
TRUSTS, C/O DCP MIDSTREAM, FKA DUKE ENERGY FIELD SERVICES (USR #1534)
PAGE 3
This Certification was approved on the 5th day of November, 2007.
APPROVED:
f \\ EL 4 OARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
Ai
id E. Long, Chair
Weld County Clerk to the Bo moll j t . ,
BY: William H. Jerke, Pro-Tern
. .L...y. �u�� ilaV �J�
De.u Cler the Board l�
William F. Garcia
ilar4a2er
obert D. Masden
2007-3205
PL1933
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1534 - LARRY G. AND FLORANCE E. KAMMERZELL REVOCABLE TRUSTS,
CIO DUKE ENERGY FIELD SERVICES
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 01/03/2006,
02/07/2006, and 03/07/2006)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Memo re: Items Prior to Scheduling, dated
09/10/2007
F. Planning Staff Memo re: Changes to Draft Resolution,
dated 10/31/2007
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