HomeMy WebLinkAbout20030706.tiff HEARING CERTIFICATION
DOCKET NO. 2003-28
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1038 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS PROCESSING),
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-Tern
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 Amended Use by Special Review
Permit#1038 for a Mineral Resource Development Facility, including an Oil and Gas Support and
Service Facility (oil and gas processing), 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. He gave a brief description of the location
of the site and surrounding uses. He stated the Town of Gilcrest had no conflict with this proposal,
and the Town of Platteville did not respond. Mr. Ogle stated the original Use by Special Review
Permit was approved in 1994, and this amendment will address the current on-site conditions and
upgrades made since that time. He stated potable water will be provided by the Central Weld
County Water District and sewer service will be from an Individual Sewage Disposal System. He
further stated the site will be accessed from Weld County Road 34, and the internal roads are
surfaced with gravel and graded to prevent drainage problems. He stated ten referral agencies
reviewed this proposal, seven provided comments which have been incorporated into the
Conditions of Approval and Development Standards, and staff has received no correspondence
from surrounding property owners.
Pam Smith, Department of Public Health and Environment, stated on April 7 and 9, 2003, staff
conducted decibel level tests at each of the facilities,and this compressor station currently exceeds
the allowed noise level for light industrial standards. She stated the site exceeds the allowed 70
decibels and is currently operating at 80 decibels. She further stated the applicant is aware of this
concern,and has indicated they intend to start noise mitigation. Ms. Smith requested Development
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Standard #8 can be deleted because that language has already been included in the Conditions
of Approval. She stated the site does receive water service from the Central Weld County Water
District,therefore, Development Standard#14 should be amended to state, "The facility shall utilize
the existing public water supply(Central Weld County Water District)." In response to Chair Long,
Ms. Smith stated Development Standard #7 addresses the allowed decibel level. In response to
Commissioner Geile, Mr. Morrison stated the Legislature has limited the ability of local government
to regulate noise associated with oil and gas operations, and he is not sure if the restrictions would
apply to this site. Responding to Commissioner Masden, Mr. Ogle stated staff did not require a
Lighting Plan; however, that can be added as a Condition of Approval. He stated there is lighting
along the pipelines at this facility. Commissioner Masden stated he has received complaints from
surrounding residents regarding the excessive lighting which shines from this site onto neighboring
properties.
Don Carroll, Department of Public Works,stated the original Use by Special Review Permit required
the applicant to upgrade Weld County Road 34 from the site west to U.S. Highway 34. He stated
those improvements were completed prior to Duke Energy taking over the ownership. He further
stated the applicant has supplied weight tickets indicating this facility generates an average of nine
truck trips per day, with background traffic generating 50 vehicles per day. He stated dust
abatement measures will be required if the site exceeds dust abatement limits in the future.
Tim Clancy, Attorney with Witwer, Oldenburg, Barry, and Bedingfield, LLP, represented the
applicant and stated they are willing to hire an independent noise consultant to provide a plan for
bringing the noise level into compliance. He requested the applicant be granted 60 days to bring
the site into compliance, which will allow adequate time to complete the study and make the
necessary adjustments. Rusty Hopkin, applicant representative,stated this site is not manned and
the lighting is used primarily for security. He stated there is a larger plant nearby that is
manned 24-hours per day, which may by the source of complaints from surrounding property
owners. He stated they will review that location and determine if the lighting can be redirected to
eliminate the concerns of the neighbors.
No public testimony was offered concerning this matter. Mr. Ogle suggested Condition of
Approval #1.P be added to state, "The applicant shall submit a Lighting Plan for review and
approval by the Department of Planning Services," and reletter the following item. He also
suggested the Board add a new Development Standard #8 to state, "The facility shall operate in
accordance with the approved Lighting Plan at all times." In response to Commissioner Vaad, Mr.
Ogle stated the Code requires that light be contained to the site. Mr. Morrison added a glow is not
addressed but shielding and redirecting the light can be required. Mr. Ogle stated the Lighting Plan
will be reviewed and approved by staff. In response to Chair Long, Mr. Clancy stated he and his
client have reviewed and agree with the Conditions of Approval and Development Standards as
proposed and modified.
Commissioner Jerke moved to approve the request of Duke Energy Field Services for a Site
Specific Development Plan and Amended Use by Special Review Permit #1038 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility(oil and gas
processing), 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 language under Development
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Standard #8 and replacing it to state, "The facility shall operate in accordance with the approved
Lighting Plan at all times,"amending Development Standard #14 to state, "The facility shall utilize
the existing public water supply (Central Weld County Water District)," adding a new Condition of
Approval #1.P to state, "The applicant shall submit a Lighting Plan for review and approval by the
Department of Planning Services,"and renumbering or relettering as appropriate. The motion was
seconded by Commissioner Vaad, and it carried unanimously. There being no further discussion,
the hearing was completed at 11:00 a.m.
This Certification was approved on the 21st day of April 2003.
APPROVED:
BOARD OF COUNTY COMMI SIONERS
WEL OUNTY, COLORAD
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ATTEST:
E Long Chair
Weld County Clerk to e . L
Robert D. den, Pro Tern
BY: -:.4t a�/ts �I
Deputy Clerk to th )a•oard�>� i"
M. J. eile v A.„7.
TAPE #2003-12 EXCUSED DATE OF APPROVAL
Willia Jere
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DOCKET#2003-28 aia
Glenn Vaad
2003-0706
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1038 - 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
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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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