HomeMy WebLinkAbout20071185.tiff HEARING CERTIFICATION
DOCKET NO. 2007-27
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1588
(TO INCLUDE SUP#314, SUP#317, SUP#360, USR#707, AND AMUSR#707) FOR A
MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A NATURAL GAS
PROCESSING FACILITY, AND ANY USE PERMITTED AS A USE BY RIGHT,
ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (TRUCK TERMINAL AND TRUCK TRANSPORT
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - DUKE ENERGY FIELD
SERVICES
A public hearing was conducted on April 18, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 30,2007, and duly published April 4,2007, in
the Fort Lupton Press,a public hearing was conducted to consider the request of Duke Energy Field
Services for a Site Specific Development Plan and Use by Special Review Permit#1588(to include
SUP #314, SUP #317, SUP #360, USR #707, and AmUSR #707) for a Mineral Resource
Development Facility, including a Natural Gas Processing Facility, and a Use Permitted as a Use
by Right,Accessory Use,or Use by Special Review in the Commercial or Industrial Zone Districts
(truck terminal and truck transport facility)in the A(Agricultural)Zone District. Bruce Barker,County
Attorney, made this a matter of record. 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. He stated the site
is located within the three-mile referral area for the City of Dacono and the Town of Frederick, and
the City of Dacono indicated no conflicts with its interests in a referral dated October 26, 2006. He
stated the Town of Frederick,in its referral dated November 13,2006,indicated the facility is located
within the Town's planning area, and is eligible for annexation. He further stated the Town of
Frederick indicated the facility already exists,and is only receiving upgrades,therefore,annexation
is not required at this time; however,the Town requests the improvements to the facility adhere to
the Town's land use code. He stated the Conditions of Approval and Development Standards will
ensure the fencing, lighting, and landscaping on the site will satisfy the concerns of the Town of
Frederick. Mr.Ogle stated the application will serve as a baseline for future improvements, and the
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HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (USR#1588)
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upgrades to the facility will address ongoing modernization of the material distribution system
required by the Colorado Oil and Gas Commission. He stated the corporate limits for the Town of
Frederick are located to the west and the southwest of the site, and property to the north of the site
contains broadcast towers permitted through Use by Special Review Permits#776 and#1508. He
further stated a trucking facility is located adjacent to Weld County Road 19,permitted through Use
by Special Review Permit#787. He stated the site will be serviced with water from the Central Weld
County Water District, and a septic system will handle the effluent flow. He further stated staff
received a letter from a surrounding property owner, dated December 11, 2006, stating concerns
regarding on-site lighting,and the screening of vehicles. Mr.Ogle displayed photographs of the site.
Commissioner Jerke stated the referral received from the Central Weld County Water District
(CWCWD) indicates it has concerns with backflow protection, and in response, Mr. Ogle stated
staff has addressed the concerns of the Fort Lupton Fire Protection District, which addresses
backflow prevention. Commissioner Jerke stated he believes the referral from the CWCWD
indicates a concern regarding a pollution or contamination issue. Mr.Ogle stated staff may create
a Development Standard to state the applicant must address the concerns of the CWCWD.
Commissioner Jerke stated the applicant will need to understand how to comply with backflow
prevention measures.
Char Davis, Department of Public Health and Environment, stated the site will be serviced with
water from the Central Weld County Water District,and she can work with the applicant concerning
backflow prevention measures. Ms. Davis requested a modification of language for Condition of
Approval #1.F, and the first sentence should actually be the first sentence of Condition of
Approval#1.G. She stated the language listed as Condition of Approval#1.F.1 should stand alone
and be listed as Condition of Approval#1.F. She further requested the language in Development
Standard #9 be modified to state: "The operation shall comply with all applicable State noise
statutes," as addressed in the memo submitted by Mr. Barker, marked Exhibit F. Following
discussion, and upon clarification from Mr. Ogle and the Acting Clerk to the Board, the Board
concurred with the modifications to Conditions of Approval #1.F and #1.G, and Development
Standard #9.
Don Carroll, Department of Public Works, stated he has toured the facility, and the facility
encompasses three parcels. He stated the access for the first parcel is on Weld County Road 14,
which leads to the parking area and office building. He stated the loading facility is located on the
second parcel and the access is on Weld County Road 19, with a locked gate, and the access
leads to the weight scale. He further stated the third parcel contains the trucking facility which
supplies trucks to the off-loading facility. Mr. Carroll summarized that all the current accesses are
adequate,and there have been no major accidents within the area for the past six years. He stated
the area has a heavy traffic count, and there are approximately 2,400 vehicle trips per day in the
immediate vicinity of the facility,and then reduces to 1,900 vehicle trips per day past the facility. He
further stated the road is classified as a collector status road, and the road is paved and adequate
for the current traffic uses. In response to Commissioner Rademacher, Mr. Carroll stated the site
does contain multiple accesses to the property; however,most of the accesses are manned gates
or emergency access gates. He further stated it is typical for a facility of this size to have several
accesses.
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Jackie Johnson,Attorney, represented the applicant and stated the proposed modifications have
been previously discussed,and the applicant does not have an objection to the modifications. She
further stated the facility will not have an injection well,therefore,the applicant will provide evidence
that they are not subject to the standards concerning injection wells. In response to Ms. Davis,
Ms. Johnson stated the facility will have a floor drain. She further stated Condition of
Approval#1.A.10 states the applicant is required to note the location of the backflow prevention
devices on the plat, and the applicant intends to work with the water district to ensure compliance.
In response to Chair Long,Mr.Ogle stated Condition of Approval#1.1 states the applicant is required
to address the concerns of the Central Weld County Water District. Mr. Barker stated he believes
both Conditions of Approval#1.A.10 and#1.1 will be adequate to ensure the applicant complies with
placement of the necessary backflow prevention devices.
No public testimony was offered concerning this matter.
In response to Chair Long, Ms. Johnson stated she and the applicant have reviewed, and concur
with, the Conditions of Approval and Development Standards.
Commissioner Masden moved to approve the request of Duke Energy Field Services for a Site
Specific Development Plan and Use by Special Review Permit #1588 (to include SUP #314,
SUP#317,SUP#360, USR#707,and AmUSR#707)for a Mineral Resource Development Facility,
including a Natural Gas Processing Facility, and a Use Permitted as a Use by Right, Accessory
Use, or Use by Special Review in the Commercial or Industrial Zone Districts(truck terminal and
truck transport 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. His motion included the previously discussed modifications
to Conditions of Approval#1.F and#1.G,and Development Standard#9. The motion was seconded
by Commissioner Rademacher, and it carried unanimously. There being no further discussion,the
hearing was completed at 11:00 a.m.
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HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (USR #1588)
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This Certification was approved on the 23rd day of April 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL�UN , �cO�ADO
`f ATTEST: /I�`'' �'. fL Ae'
� David E. Long, Chair
Weld County Clerk to th p f
1-,—
�, � Hamm . Jex -, ter.-Tem
BY: � '' C ► '.�. ,
Deputy Cleric to the Boat (1-'1O p~$? (
„- William . Garcia
TAPE #2007-11 EXCUSED DATE OF APPROVAL
Robert D. Masden
DOCKET#2007-27 O(Q'vY
Douglas Rademacher \
2007-1185
PL1886
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1588 - 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 02/20/07 and
01/16/07)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. County Attorney E-mail, re: Modifications to Development
Standard #9
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