HomeMy WebLinkAbout20062587 HEARING CERTIFICATION
DOCKET NO. 2006-61
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #256 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS PROCESSING
FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - DAVID AND CAROL
HOWARD, D. GARY HOWARD, AND JOHN HOWARD, C/O DUKE ENERGY FIELD
SERVICES
A public hearing was conducted on October 4, 2006, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 15, 2006, and duly published
September 20, 2006, in the Fort Lupton Press, a public hearing was conducted to consider the
request of David and Carol Howard, D. Gary Howard, and John Howard, c/o Duke Energy Field
Services,fora Site Specific Development Plan and Amended Use by Special Review Permit#256
fora Mineral Resource Development Facility,including an Oil and Gas Support and Service Facility
(oil and gas processing facility) in the A(Agricultural) Zone District. Cyndy Giauque, Assistant
County Attorney, made this a matter of record,and advised the applicants'representative, Patrick
Groom,Witwer,Oldenburg,Barry and Johnson,LLP,that he has the option of continuing this matter
to a date when the full Board will be present. However, if he decides to proceed today, it will require
three affirmative votes,or in the case of a tie vote, Commissioner Long will listen to the record and
make the determining vote. Mr. Groom indicated he would like to proceed today. (Changed to
Tape #2006-36.)
Kim Ogle, 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 gave a
brief description of the location of the site,which is within the three-mile referral area for the Cities of
Dacono and Northglenn, Adams County, and the City and County of Broomfield. He stated the
original permit was approved and issued to Amoco Production Company in 1974, and the
amendment addresses current on-site conditions, which serves as a baseline for future
improvements. He further stated upgrades to the facility,as required by the Colorado Oil and Gas
Conservation Commission,and a change in ownership are also addressed under the amendment.
Mr. Ogle reviewed the surrounding land uses.
2006-2587
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HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (AMUSR#256)
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Char Davis, Department of Public Health and Environment, stated the site is maintained by
employees that are not there at all times, therefore, staff is allowing bottled water and portable
toilets. She stated the applicant is being required to submit a Waste Handling Plan,Dust Abatement
Plan, and Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application.
Donald Carroll, Department of Public Works,described the location of the site,which is accessed
from Weld County Road 4, and is classified as a local gravel road. He noted the site drawings
indicate three loading zones,and he requested additional information from the applicant clarifying
the type of trucks that will be using the site.
Mr. Groom explained the applicants are the landowners,who lease the property to Duke Energy.
He stated the original permit was approved in 1974 for Amoco Production Company, and the
amendment is necessary due to various upgrades to the site and a change in ownership to Duke
Energy. Mr. Groom explained the upgrades to the equipment are now in compliance with new
Colorado Oil and Gas Conservation Commission regulations, the use preserves the agricultural
nature of the area, and the proposal is consistent with the surrounding area. In response to Mr.
Carroll's previous question, Mr. Groom stated the applicant anticipates there will be two or three
service loads per month. Mr. Carroll indicated that information satisfies his concerns.
Responding to Chair Geile,Mr.Groom stated he and the applicant have reviewed,and concur with,
the Conditions of Approval and Development Standards as proposed. No public testimony was
offered concerning this matter.
Mr.Ogle stated Development Standard#9 does not apply and should be deleted,and Development
Standard#13 is redundant of#12, therefore,#13 should be stricken. In response to Chair Geile,
Mr. Groom stated his concurrence with the proposed deletions.
Commissioner Vaad moved to approve the request of David and Carol Howard, D. Gary Howard,
and John Howard, c/o Duke Energy Field Services, for a Site Specific Development Plan and
Amended Use by Special Review Permit #256 for a Mineral Resource Development Facility,
including an Oil and Gas Support and Service Facility (oil and 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 deletion of Development Standards#9 and#13. The motion was
seconded by Commissioner Masden, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:30 a.m.
2006-2587
PL0025
HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (AMUSR#256)
PAGE 3
This Certification was approved on the 9th day of October 2006.
APPROVED:
'‘,„.iiOPRD OF UNTY COMMISSIONERS
IT:Aqe,\"WELD CO TY, COLORADO
361
ATTEST: 44
T
C�.✓
aN ••=.P•'J. Geile, Chair
Weld County Clerk to the Boar i• •
EXCUSED
,1 o t
iG 1G� David E. Long, Pro-Tern
BY: b1
Dep y Cle to the Board /2r
Wil# Jer e
1 �
TAPE #2006-35 `. It //
Robe D. tasd n
DOCKET#2006-61
Glenn Vaad
2006-2587
PL0025
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#256 - 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 07/18/2006)
D. Clerk to the Board Notice of Hearing
E. Applicant E-mail response waiving 45-day deadline,
dated 08/30/2006
F. Planning Staff Certification and Photo of sign posting
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