HomeMy WebLinkAbout20071086.tiff HEARING CERTIFICATION
DOCKET NO. 2007-26
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#543 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
A NATURAL GAS PROCESSING 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-Tem
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 Amended Use by Special Review Permit#543
for a Mineral Resource Development Facility, including a Natural Gas Processing 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 Town of Eaton, and the Town has indicated no conflicts with its interests in a referral dated
December 15,2006. He stated the property is relatively flat,and the drainage flows to the adjacent
borrow ditch south of the property. He further stated the amendment of the permit will serve as a
baseline for future improvements to the site, and the upgrades completed through this permit
amendment are for ongoing monitoring of the material distribution system and for upgrades required
by the Colorado Oil and Gas Commission for regulatory compliance. Mr.Ogle stated surrounding
properties are predominantly agricultural in nature,and Use by Special Review#829,for Optimum
Arts, is located immediately north of the facility,which includes a single family residence. He stated
no comments were received from surrounding property owners prior to the Planning Commission
hearing. He further stated the site will be serviced with water from North Weld County Water District
and a septic system for the effluentflow. He stated the primary access is on Weld County Road 33,
which is a local paved road.
Char Davis, Department of Public Health and Environment, stated the site will be serviced with
water from the North Weld County Water District,and a septic system will service the office on the
site. She stated the applicant is required to submit evidence of an Air Pollution Emission Notice
2007-1086
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HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (AMUSR #543)
PAGE 2
(A.P.E.N.), a Dust Abatement Plan, and a Waste Handling Plan. Mr. Barker stated previous
discussions were held with the applicant's representative on April 4,2007,regarding the language
in Development Standard#8. He submitted a memo containing modified language into the record,
marked Exhibit G. The Board concurred with the modified language proposed by Mr. Barker.
Don Carroll, Department of Public Works, stated the site is fenced, and access is on Weld County
Road 33,which is a paved collector status road. He stated the site is located north of Weld County
Road 74, in the vicinity of the Town of Eaton. He further stated the access is gated and is set back
from Weld County Road 33, enabling vehicles to pull of the road safely and stage before entering
the site. He stated the most recent traffic count indicates approximately 1,000 vehicle trips per day
on Weld County Road 33.
Jackie Johnson, Witwer, Oldenburg, Barry, and Johnson, LLP, represented the applicant and
requested a modification to Development Standard#25. She stated the application contained an
error, and requested the language state that six trucks be allowed to access the site per day,
instead of one. She stated this modification has been discussed with Planning staff, and Mr. Ogle
confirmed that staff has no objections. The Board concurred with the modification of Development
Standard #25.
In response to Commissioner Masden,Joe Kuchinski,Asset Manager, Duke Energy Field Services,
stated a Lighting Plan will be submitted,as required. Responding to Commissioner Rademacher,
Mr. Kuchinski stated the facility will be in operation ten hours per day,seven days per week,and the
staffing is supplemented as needed to provide maintenance and construction requirements. He
further stated the facility is not staffed 24 hours per day, and is unmanned at night.
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, as amended.
Commissioner Masden moved to approve the request of Duke Energy Field Services for a Site
Specific Development Plan and Amended Use by Special Review Permit #543 for a Mineral
Resource Development Facility,including a 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. His motion
included the described modifications to Development Standards# 8 and #25. The motion was
seconded by Commissioner Garcia,and it carried unanimously. There being no further discussion,
the hearing was completed at 10:40 a.m.
2007-1086
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HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (AMUSR #543)
PAGE 3
This Certification was approved on the 23rd day of April 2007.
APPROVED:
]E Laa�BO• -D OF COUNTY COMMISSIONERS
I �, E� OUNTY,�L RADO
ATTEST: ��
a �? �41"? �1♦� �Y.
�„q ., ,,.a =
l '•+t !avid E. Long, Chair
Weld County Clerk to the
Wi is
BY: 21ro-Tem
De.u� Cler��. the Board ( C/ (
William F. Garcia
TAPE #2007-11 EXCUSED DATE OF APPROVAL
Robert D. Masden
DOCKET#2007-26
Douglas ademache
2007-1086
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#543 - 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 03/06/07)
D. Clerk to the Board Notice of Hearing
E. Clerk to the Board E-mail, re: Comments from Robert and Rita
Wiese, dated 4/14/07
F. Planning Staff Certification and Photo of sign posting
G. County Attorney Email, re: Modification to Development
Standard #8
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