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HomeMy WebLinkAbout20072768.tiff HEARING CERTIFICATION DOCKET NO. 2006-72.F RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1565 FOR AN OIL AND GAS PRODUCTION FACILITY (THREE (3) OIL AND GAS WELLS) IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT - TARH E AND P HOLDINGS, L.P. A public hearing was conducted on August 1, 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, Chris Gathman Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 20, 2006, and duly published October 25, 2006, in the Fort Lupton Press, a public hearing was conducted on November 8, 2006, to consider the request of TARH E and P Holdings, L.P., for a Site Specific Development Plan and Use by Special Review Permit#1565 for an Oil and Gas Production Facility (three (3) oil and gas wells) in the R-1 (Low Density Residential)Zone District, at which time the Board deemed it advisable to continue and republish the matter. A second notice, dated December 1, 2006, was duly published on December 6, 2006, and at the hearing on December 20, 2006, at the applicant's request, the Board deemed it advisable to continue the matter to February 21, 2007, then again to March 28, 2007, at which time it was continued to May 23, 2007, and again to June 20, 2007, and then again to August 1, 2007. At said hearing on August 1, 2007, Bruce Barker, County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services,stated the applicant has completed the Surface Use Agreement; however, it has not been finalized, therefore, a continuance is necessary. He further stated the layout of the Use by Special Review boundary has changed, and the wellheads will be consolidated into a different configuration. He stated the Department of Planning Services needs to review the changes to determine if it considered a substantial change. Responding to Chair Long, Mr. Gathman confirmed the Department of Planning Services recommends the matter be continued to allow for the finalization of language within the Surface Use Agreement and to allow staff to review the revised plans to determine if the revision constitutes a substantial change to the application. Thomas Hellerich, Attorney, represented the applicant, and stated he has been in communication with Mr. Gathman, and more time is necessary to finalize the agreement. He clarified there will be a consolidation of the activity on the site,and the Department of Planning Services needs to review 2007-2768 PL1860 U d8- 07 HEARING CERTIFICATION -TARH E AND P HOLDINGS, L.P. (USR #1565) PAGE 2 the consolidation request. He stated the surface owner is also in support of a continuance. In response to Chair Long, Ms.VanEgdom indicated the earliest available date for a continuance is August 22, 2007. Mr. Hellerich indicated the date of August 22, 2007, would be acceptable. Commissioner Garcia stated he realizes this matter has been continued several times, and in response, Mr. Hellerich stated he believes the finalization will be resolved before August 22,2007. He explained the Surface Use Agreement has been agreed upon in concept,therefore,he expects no concerns with the finalization of the agreement. Glen Droegemueller, Attorney, stated he represents surface owner Brad Keirnes, and he is in support of the request for a continuance of the matter to August 22,2007. He confirmed that a vast majority of the principal terms contained within the Surface Use Agreement have been agreed upon. He stated the surface owner will work in good faith to complete finalization of the agreement by August 22, 2007. No public testimony was offered concerning this matter. Commissioner Jerke moved to continue the request of TARH E and P Holdings, L.P., for a Site Specific Development Plan and Use by Special Review Permit#1565 for an Oil and Gas Production Facility(three(3)oil and gas wells)in the R-1 (Low Density Residential)Zone District,to August 22, 2007, at 10:00 a.m. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:15 a.m. This Certification was approved on the 6th day of August, 2007. APPROVED: ; BOARD OF COUNTY COMMISSIONERS W COUNTY, COL'RADO ATTEST: �� . �� � ,; . �r avid E. Long, Chair Weld County Clerk to the : ,`•.� e'Y Utt BY: Q11 William . Je , r -Tem Dep Clerk o the Board Wil ti /F.�Gi ct jar_ TAPE #2007-22 Robert D. Masden DOCKET#2006-72.F ac., Las r.dlarruz& gyp,✓ Douglas Rademacher 2007-2768 PL1860 Hello