HomeMy WebLinkAbout20042991.tiff HEARING CERTIFICATION
DOCKET NO. 2004-94
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#991 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS PROCESSING FACILITY, IN THE A (AGRICULTURAL) ZONE
DISTRICT - DUKE ENERGY FIELD SERVICES
A public hearing was conducted on October 27, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated October 8, 2004, and duly published October 13,
2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Duke
Energy Field Services fora Site Specific Development Plan and Amended Use by Special Review
Permit#991 for a Mineral Resource Development Facility, including an Oil and Gas Processing
Facility, in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this a
matter of record. (Changed to Tape #2004-49.) Tim Clancy, Witwer, Oldenburg, Barry and
Johnson,LLP,requested this matter be continued to November 17,2004,stating noise issues were
discussed during the Planning Commission Hearing,and the applicant needs more time to study
effective types of mitigation for the project. Chair Pro-Tern Jerke asked for any public input from
those who would not be able to return on November 17, 2004.
Ken Cure, adjacent property owner, stated he has owned 80 acres west of the proposed site for
three years,during which time his son has constructed a house and he has begun construction on
another residence for himself. Mr. Cure stated there are eight houses within one-half mile of the
site,and for all of them the decibel level is high and the noise is horrendous. He stated the applicant
has proposed a wall on the east side of the property; however, the houses are located west and
south of the property. Mr.Cure also stated there has been a great impact on the road system,since
the road is terribly eroded, and attempted repairs through grading only last a few days. He stated
he purchased the property to give him a quiet place to raise quarter horses; however, within six
months of his purchase, Duke Energy enlarged its operation, and then within one year it again
enlarged its facility to double the size. Mr.Cure likened the volume of noise to DIA and stated that
the protection installed,to date,has not helped lower the noise to the west. Mr.Cure stated the last
time the facility was requesting an expansion he spoke to the foreman a month before it was
scheduled for hearing and found the fence had been installed and all the machinery was in place.
2004-2991
PL0890
HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (USR#991)
PAGE 2
Mr. Cure stated the foreman told him he does not worry about the approval process, since the
application would be approved regardless of any complaints. He questioned why any farmers or
ranchers would come in to indicate objections if the approval is accepted. He stated it is difficult for
more to get here because of taking time off work,and he urged the Board to consider the concerns
of the neighbors. Commissioner Geile indicated that letters are accepted for anyone who does not
attend the hearing,and Chair Pro-Tem Jerke stated the letters submitted regarding an application
become a part of the file which the Board looks at. He stated the Board strongly considers the
needs of the neighbors,and no land use issue is assured until the quasi-judicial process has been
completed and the Board determines at the end of the hearing whether to approve or deny the
request.
Commissioner Geile moved to continue the request of Duke Energy Field Services for a Site
Specific Development Plan and Amended Use by Special Review Permit#991 for a Mineral and
Resource Development Facility,including an Oil and Gas Processing Facility,in the A(Agricultural)
Zone District,to November 17,2004, at 10:00 a.m. The motion was seconded by Commissioner
Long, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:25 a.m.
This Certification was approved on the 1st day of November 2004.
APPROVED:
�.� BOARD OF COUNTY COMMISSIONERS
II" E� � /� WELD COUNTY, COLORADO
lnv/,,�/�/l EXCUSED
:Qty '.
1861 ;1_� Robert D. Masden, Chair
Clerk to the Board
sc"7 `Z i ?e-
.4Z1, . —/ J William H. rke, Pro-Tem
may. ASS 4J�/L .
Deputy Clerk to the Board
,M. . Geile e(w
TAPE#2004-48 &49
David E. Long
DOCKET#2004-94
Glenn Vaad
2004-2991
PL0890
Hello