HomeMy WebLinkAbout20130086HEARING CERTIFICATION
DOCKET NO. 2013-05
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0061, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING, STAGING AND
MAINTENANCE OF OIL AND GAS TRUCKS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - RUSSELL JUSTICE AND JULEE REYNOLDS
A public hearing was conducted on January 9, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
El I hereby certify that pursuant to a notice dated November 28, 2012, and duly published
December 4, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Russell Justice and Julee Reynolds, for a Site Specific Development Plan and Use
by Special Review Permit, USR12-0061, fora Mineral Resource Development Facility, including
an Oil and Gas Support and Service Facility (parking, staging and maintenance of oil and gas
trucks) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this
a matter of record.
El Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, referral responses and surrounding land uses, and entered the favorable
recommendation of the Planning Commission into the record as written. She displayed a
vicinity map and photographs of the site and surrounding area, and addressed questions from
the Board concerning access.
e Heidi Hansen, Department of Public Works, provided a brief overview of the access,
anticipated vehicle trips, road maintenance and improvements agreement requirements, and
water quality feature.
E Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions, Waste Handling Plan, and Dust Abatement Plan.
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HEARING CERTIFICATION - RUSSELL JUSTICE AND JULEE REYNOLDS (USR12-0061)
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▪ Russell Justice, applicant, stated they have been at the site for a year and a half and
noted it is very difficult to locate a site in Weld County which is suited for the parking of
equipment. He explained they purchased the property because it is remote and they have
visited with the neighbors concerning this proposal. In response to Commissioner Rademacher,
Mr. Justice indicated the site is nine acres in size.
e No public testimony was offered concerning this matter. In response to Chair Garcia,
Mr. Justice inquired regarding the screening. Ms. Aungst reviewed the Code requirement and
Commissioner Rademacher indicated screening of the facility to the west along CR 49 would be
appropriate. Following discussion, the Board agreed to modify Condition of Approval #1.J to
delete the words, "from adjacent properties and the public right-of-way." e In response to
Commissioner Rademacher, Mr. Justice explained they operate a transportation service to haul
frack sand, and although the shop hours are consistent with what is listed, he would prefer to be
a 24/7 operation. Following discussion, the Board agreed to modify Development Standard #3
to state, "Hours of operation shall be twenty-four hours a day, seven days a week."
El Responding further to Commissioner Conway, Mr. Justice reviewed the number of on -site
employees, and following discussion the Board agreed to amend Development Standard #4 to
increase the number of employees to (30). Ms. Evett confirmed the increase in employees will
be tied to a review of the existing septic system and whether it needs to be upgraded or a
separate system installed. El Following discussion, the applicant and Board agreed to 35
total employees: 30 drivers and 5 on -site employees. ID Commissioner Kirkmeyer proposed
language be added to allow the septic system capacity to be consistent with the number of
employees and responding to questions from the Board, Ms. Evett explained the engineering
review process and how the design is determined. a Following discussion, Ms. Evett read
proposed language to be added to the end of Development Standard #4 to state, "The number
of on -site employees shall be commensurate with the number of persons which the septic
system may accommodate, in accordance with the requirements of the Weld County Code,
pertaining to Individual Sewage Disposal Systems."and the Board concurred. El In response
to Commissioner Kirkmeyer regarding Condition of Approval #2, Mr. Justice requested 180 days
to complete the plat. I bl The Board agreed to delete the reference to a Parking Plan in
Development Standard #6, and to delete the last two sentences from Development
Standard #23. El In response to Chair Garcia, Mr. Justice stated he has reviewed, and
agrees to abide by, the Conditions of Approval and Development Standards, as proposed and
modified.
El Commissioner Kirkmeyer moved to approve the request of Russell Justice and Julee
Reynolds for a Site Specific Development Plan and Use by Special Review Permit,
USR12-0061, for a Mineral Resource Development Facility, including an Oil and Gas Support
and Service Facility (parking, staging and maintenance of oil and gas trucks) in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. Her motion included modifying Condition of Approval #1.J to delete the words, "from
adjacent properties and the public right-of-way." amending Condition of Approval #2 to extend
the plat recording deadline to 180 days; revising Development Standard #3 to state, "Hours of
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HEARING CERTIFICATION - RUSSELL JUSTICE AND JULEE REYNOLDS (USR12-0061)
PAGE 3
operation shall be twenty -for hours a day, seven days a week."; amending Development
Standard #4 to reflect total of 35 employees: 30 drivers and five full-time employees, and adding
new language at the end to state: "The number of on -site employees shall be commensurate
with the number of persons which the septic system may accommodate, in accordance with the
requirements of the Weld County Code, pertaining to Individual Sewage Disposal Systems.";
and deleting the last two sentences from Development Standard #23. The motion was
seconded by Commissioner Conway, and it carried unanimously. There being no further
discussion, the hearing was completed at 12:21 p.m.
This Certification was approved on the 14th day of January, 2013.
BOARD OF COUNTY COMMISSIONERS
ATTEST erwa. INC"
Weld County Clerk to the Board
BY:
Deputy Clerk
APPR
ounty Attorney
Date of signature:
WELD COUNTY. COLORADO
\s7
arcia, Chair
can P. Conway
ike rF eeman
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A EGG�u�Lt-� .(.ik
,,$afbara Kirkmeyer
2013-0086
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF JANUARY, 2013:
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