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Home My WebLink About20041101 HEARING CERTIFICATION DOCKET NO. 2004-28 RE: SITE SPECIFIC DEVELOPMENT PLAN AND 3RD AMENDED USE BY SPECIAL REVIEW PERMIT #597 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 March 31, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison 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 March 12,2004,and duly published March 17,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Duke Energy Field Services,do Witwer,Oldenburg,Barry and Bedingfield,LLP, fora Site Specific Development Plan and 3rd Amended Use by Special Review Permit#597 for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. 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. Mr. Ogle described the location of the site and gave a chronological summary of the various case amendments and ownership. He reviewed the proposed upgrades and stated this amendment was required by staff as a result of the change in ownership. Mr. Ogle gave a brief description of the surrounding uses, and stated the site will be serviced with public water,individual sewage disposal systems, access from 49th Street, and the internal roads will be graded gravel. He stated 14 referral agencies reviewed this proposal, nine responded with comments that have been addressed through the Conditions of Approval and Development Standards, and the City of Greeley reviewed this application and provided no written referral. He further stated staff has received no correspondence from surrounding property owners; however, they did receive a call from KFKA and there is a representative present to speak today. Char Davis,Department of Public Health and Environment,stated Development Standard#7 needs to be modified to delete the word "Light" because the use on the site will be more consistent with what is allowed in the Industrial Zone District. Responding to Commissioner Geile,Ms.Davis stated 2004-1101 PL0402 PC ; PL,flu f fL( ) as 23-Oy HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (3rd AMUSR #597) PAGE 2 they must operate at a certain noise level in order to do business,and there is a buffer between the neighboring properties. Donald Carroll, Department of Public Works, stated the site is located adjacent to Weld County Road 52,also known as 49th Avenue,which is a major arterial requiring 140 feet of right-of-way at full buildout. Mr. Carroll stated there was a Long Term Road Maintenance Agreement with the previous owner and there is a Condition which requires the applicant to provide a new document reflecting the change in ownership. He reviewed the haul route for the record. Responding to Commissioner Vaad, Mr. Carroll stated evidence of a name change is required under Condition #1.M. Tim Clancy of Witwer,Oldenburg,Barry and Bedingfield,LLP, represented the applicant and stated Duke Energy has agreed to run all of its major facilities in Weld County through a baseline review. He stated three have completed the process, and today the Board is being presented with two of seven that are currently under review. Mr. Clancy stated in November the City of Evans and the developers to the north and east contacted Duke Energy regarding the Greeley Site. He stated they met with Evans and addressed their concerns, and they provided the developers with tours of the site and took them to other facilities with similar improvements,and they seemed to be satisfied with the proposal. He further stated their one concern dealt with odor caused by the product used in the trucks and facilities to check for leaks. In response to that concern, Duke Energy agreed to replace that system in conjunction with this project. He stated Justin Sasso, KFKA, expressed concern regarding potential interference with the radio signal. He further stated the applicant has agreed to absorb the $6,000 cost of placing a system on the new tower that will eliminate any potential interference problems. Joe Kuchinski,Duke Energy Asset Manager,reviewed a Powerpoint presentation,marked Exhibit H. He explained how they purchase the gas, take it to their facilities for processing, and make arrangements to provide it to the end users. He also reviewed a list of services they provide in Weld County and how the new flare system will operate. In response to Commissioner Jerke, Mr. Kuchinski stated the flare stack will be 110 feet,which prompted KFKA's concern. Responding to Chair Masden,Mr.Kuchinski stated currently the tallest tower is 95 feet He continued by reviewing the truck rack project, automation, homeland security, and the equipment layout. Responding to Commissioner Vaad,Mr.Kuchinski stated there is no rail line at the Greeley site;however,there are other facilities which do have the ability to move the product by rail, and it is a viable option in the industry. Responding to Commissioner Geile,Mr.Clancy stated the improvements will not change the noise levels,and they prefer that the Development Standard reflect the industrial level, rather than light industrial. He stated Duke Energy strives to design the facility to operate five decibels below the set standard of 80 decibels. Mr.Kuchinski stated although they have received complaints regarding the occasional odor,they have not received any noise complaints. Mr.Clancy stated the Use by Special Review boundary is contained within the property boundary,the terrain slopes up to the north,and the compressor orientation contains most of the noise to the south side of the site. Responding to Chair Masden,Mr. Kuchinski displayed a property layout and stated KFKA is located to the northwest. He stated this week they are working on downcasting the lighting, and they will consider the visual impacts if they are required to install any new lighting. Mr.Ogle stated staff has requested a lighting plan. Mr.Clancy stated they have reviewed the site at night and the surrounding 2004-1101 PL0402 HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (3rd AMUSR #597) PAGE 3 developers did not express concern unless certain lighting would negatively impact the sale of lots. Chair Masden commended the applicant for the work that has been done at the Platteville site. Responding to Commissioner Geile,Mr.Kuchinski explained Duke Energy will sell and arrange for the transportation of gas to a city gate;they have no plans to do distribution. Responding to Chair Masden, Mr. Kuchinski stated they will not be increasing production, and he reviewed the current production rates. Justin Sasso,Owner/Manager of 1310 AM-KFKA,expressed concern regarding any construction within 300 yards of their radio tower because it can potentially cause interference. He stated KFKA's engineer indicated the proposed 110-foot steel tower will be approximately 555 feet from the existing radio tower,which could cause their signal to fall out of the Federal Communications Commission(FCC)parameters and they could face fines if the problem is not corrected. He stated they are unsure of what effects there will be and it could result in expensive engineering and equipment costs. He submitted a letter,marked Exhibit G,and stated the de-tuning kit will make the flare invisible to the radio tower so it does not affect their signal. Mr. Clancy stated the estimated cost for the kit is $6,000, and it is less expensive to install before the tower is constructed. Mr. Sasso stated installing the kit on the new flare tower should ensure the radio signal is not disrupted, which addresses his concerns. In response to Commissioner Jerke, Mr. Ogle suggested adding a new Development Standard#8 to state,"De-tuning equipment shall be attached to the flare,in an effort to mitigate the concerns of 1310 AM- KFKA." The Board expressed its condolences to Mr. Sasso for his family loss. Responding to Chair Masden, Mr. Kuchinski stated the flare height is required to provide adequate disbursion and to ensure there are no ground level impacts of heat. Responding to Chair Masden,Mr.Clancy stated he and the applicant have reviewed and concur with the Conditions of Approval and Development Standards as discussed and modified. Commissioner Vaad moved to approve the request of Duke Energy Field Services, do Witwer, Oldenburg,Barry and Bedingfield,LLP, for a Site Specific Development Plan and 3rd Amended Use by Special Review Permit#597 fora 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 also included deleting the word "Light" from Development Standard#7,adding a new Development Standard#8 to state,"De-tuning equipment shall be attached to the flare, in an effort to mitigate the concerns of 1310 AM - KFKA," and renumber accordingly. The motion was seconded by Commissioner Long who also commended Duke Energy for accommodating the surrounding property owners. There being no further discussion, the motion carried unanimously and the hearing was completed at 2:35 p.m. 2004-1101 PL0402 HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (3rd AMUSR #597) PAGE 4 This Certification was approved on the 31st day of March 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO n ATTEST: (Ltd/I CAI '` \'ic_— � is, a Robert D. Masden, Chair Weld County Clerk to t-B, •, :• �-P a• .. William H. rke, Pro-Tern� l BY: Deputy Clerk to th >•, �� N IAA, M. J. TAPE #2004-14 David . Long DOCKET#2004-28 Glenn Vaad 2004-1101 PL0402 EXHIBIT INVENTORY CONTROL SHEET Case 3RD AMUSR#597 - 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 02/03/2004 and 01/06/2004) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posted on the site, submitted 03/31/2004 F. Health Staff Memorandum requesting change to Development Standard #7, dated 03/30/2004 G. 1310 AM - KFKA Letter of Concern, dated 03/31/2004 H. Tim Clancy Powerpoint Presentation, displayed 03/31/2004 J. K. L. M. N. O. P. Q. R. S. T. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MARCH, 2004: DOCKET#2004-14 - MOISES RODRIGUEZ DOCKET#2004-27 - DUKE ENERGY FIELD SERVICES DOCKET#2004-28 - DUKE ENERGY FIELD SERVICES DOCKET#2004-25 - MORRIS QUICK AND MARK HOLLIDAY, C/O MARILYN TAYLOR/RED BARON DEVELOPMENT 4:c oeo*JO ---1 - EVAMs X6,4 PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip Ouane Rack 5225 !oEc Akve41Ua Area P CL, E-11034 Larry keit-harn \OC 1 CIctclerCf. 6Jirk:Ja qq ark n )r'eviciz- 650a: , .Schn el zetg-- i o —Ovood S1-, ) 41 necv, CO ecosj3 �conc{ SRac) PO eocc czar, corA91144-0t#ICa SnStz IrnaT-01\&4,11 �a low t� l,z _ lea co�,M� t %& C ckr -Pete rs�\cGI ( s�0O �� n P'C c � Cc-) , �� - 6v�o3 `F ��-� W ±c \ �i5a S �S'i- �- 1 GBH Co c.06' - vw�(wv�ez zoo w tikk Sk, . csrttAtt-,� , c 0 go 6 3 L 6,14 I- M ea c 4 o..l p o.4 A/, A/AP.rt a. A,ip. 1 M;//1,164n Gd fo 4-17 J.o Mai/eel&-ce�. 9 eigl w LP (-f5 ,-eelti r.o ye) G31 LgrriIt CArIs 0.iALA.S06 070 90 9 to/ce s�( 6reile f/ CO Sdeo3 I POP/tit- "T4` Gv2 . av 9fo c-✓� s ' & !may' & ea 3/ Y b `o. i. , 6,,,,Lc ,2 , 7 3 a (AJ (I ,e a 7/"2. m-,/liken er I6/')I Pt eil..o-...0 inds---CJ k en t.44,CE,Q 7gffss Wag 7 tJ4.0- '&s -o 4 r<- (Atz re A-1 - /9/ S'9 SY, Gjtrr> t /2 V ( e ?" a6.Jy/1/1/2,4A/7ee, ). X773 £e-ride7wwyez3't LZU/7s�eve It, 7'4_ 1V, //,ke.H e 764.74 ?z. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF MARCH, 2004: DOCKET#2004-14 - MOISES RODRIGUEZ DOCKET#2004-27 - DUKE ENERGY FIELD SERVICES DOCKET#2004-28 - DUKE ENERGY FIELD SERVICES DOCKET#2004-25 - MORRIS QUICK AND MARK HOLLIDAY, C/O MARILYN TAYLOR/RED BARON DEVELOPMENT PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip 3yttce Er r 1tn+> 17'" Sf Eh.nslez,E 3a-b Hello