HomeMy WebLinkAbout20030705.tiff HEARING CERTIFICATION
DOCKET NO. 2003-27
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #274 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 16, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 28, 2003, and duly published April 3, 2003,
in the South Weld Sun, a public hearing was conducted to consider the request of Duke Energy
Field Services for a Site Specific Development Plan and Second Amended Use by Special Review
Permit #274 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 gave a brief description of the location of the site and surrounding uses. He
stated the original Use by Special Review Permit was approved in 1975, and amended in 1993.
He stated this amendment will address all of the upgrades which have taken place since 1993. He
stated the site receives potable water from an on-site well, and sewer service is provided by an
Individual Sewage Disposal System. Mr. Ogle gave a brief description of the haul route, and stated
the internal roads are surfaced with gravel and graded to prevent drainage problems. He stated 11
referral agencies reviewed this proposal, and staff has received no correspondence from
surrounding property owners. In response to Commissioner Geile, Mr. Ogle stated the plat cannot
be recorded until the items under Condition of Approval #1.L are completed. In response to
Commissioner Vaad, Pam Smith, Department of Public Health and Environment, stated the
application indicates there will be 20 employees working at this site. Responding to Commissioner
Vaad, Mr. Ogle stated the Building Permits were issued in an effort to bring the site up to
compliance, and once the Use by Special Review Permit is approved, the applicant will complete
the work and close all outstanding Building Permits. He further stated the plat cannot be recorded
until all the Conditions are met,and if the Building Permits are not closed,the site will be in violation
and be brought to the Board for consideration.
2003-0705
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(7 ' rtetc ) pc)
HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (2ND AMENDED USR #274)
PAGE 2
Don Carroll, Department of Public Works, submitted a letter, marked Exhibit F, indicating the haul
route is from the entrance to the facility on Weld County Road 18, east to Weld County Road 73,
and then traffic is distributed north or south. He stated the total truck transports from this facility
for this year was 168 trips, which averages 14 trucks per month. He stated these amounts were
verified by reporting scale tickets, and based on the limited amount of truck traffic, staff is not
requesting any additional requirements at this time. However, if semi-truck traffic increases to a
point where maintenance and dust control are needed, staff will review the haul route and take
necessary measures.
Tim Clancy, Attorney with Witwer, Oldenburg, Barry, and Bedingfield, LLP, represented the
applicant and stated their primary motivator for completing the projects and closing the Building
Permits is the need to record the plat. He explained the Building Permits were pulled and then
some of the plans were changed,so some of the permits simply need to be withdrawn. Responding
to Commissioner Geile, Rusty Hopkin, applicant representative, stated there was a lot of
construction taking place to bring the site to current standards and, due to different contractors
working on different facets of the facility, multiple permits were pulled. In response to
Commissioner Jerke, Mr. Hopkin stated the trucks haul propane, butane, and natural gas fluids.
He explained some of the other facilities transport liquor natural gas to this facility where it is then
transported through a pipeline to other locations. Responding to Commissioner Masden, Mr.
Hopkin stated this site no longer has a fraction facility requiring truck transports; all materials are
transported through the pipeline. He further stated the facility averages 200,000 gallons per day.
Commissioner Geile expressed concern with open Building Permits and the potential for an
accident and exposure to the applicant and the County for not ensuring the health, safety, and
welfare of the residents of Weld County. Mr. Hopkin concurred and stated they are working to
complete the projects and close the permits. Responding to Commissioner Jerke, Mr. Ogle stated
the applicant has 30 days from today's hearing to record the plat, and a condition of recording the
plat is to have all Building Permits resolved. Mr. Clancy stated 30 days is adequate time to close
or withdraw the permits because most of the projects are already complete or the permit simply
needs withdrawn because the initial plans changed or were abandoned.
No public testimony was offered concerning this matter. In response to Chair Long, Mr. Clancy
stated he and his client have reviewed and agree with the Conditions of Approval and Development
Standards.
Commissioner Masden moved to approve the request of Duke Energy Field Services for a Site
Specific Development Plan and Second Amended Use by Special Review Permit#274 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. The
motion was seconded by Commissioner Vaad, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:40 a.m.
2003-0705
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HEARING CERTIFICATION - DUKE ENERGY FIELD SERVICES (2ND AMENDED USR#274)
PAGE 3
This Certification was approved on the 21st day of April 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WE OU TY, COL ADO
ATTEST: M/ �!/�
David Long, Chair
Weld County Clerk tot o
g� Robert D. scion, Pro-Tern
BY:
Deputy Clerk to the`Board
' M. J. Geile
TAPE #2003-12 EXCUSED DATE OF APPROVAL
William F. Jerke
DOCKET#2003-27 ��Glenn Vaad
2003-0705
PL0895
EXHIBIT INVENTORY CONTROL SHEET
Case 2ND AMENDED USR#274 - DUKE ENERGY FIELD SERVICES
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/18/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Public Works Staff Memorandum re: Haul Route (12/13/2002)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 16TH DAY OF APRIL, 2003:
DOCKET#2003-26 - DUKE ENERGY FIELD SERVICES (AMUSR#941)
DOCKET#2003-27 - DUKE ENERGY FIELD SERVICES (2NDAMUSR#274)
DOCKET#2003-28 - DUKE ENERGY FIELD SERVICES (AMUSR#1038)
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
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