HomeMy WebLinkAbout20130072HEARING CERTIFICATION
DOCKET NO. 2013-03
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0066, FOR AN OIL AND GAS SUPPORT FACILITY (VEHICLE PARKING AND
EQUIPMENT STORAGE ASSOCIATED WITH AN OILFIELD SERVICE FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT - LEWIS AND SEDONIA HERRERA
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-Tem
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 16, 2012, and duly published
November 21, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Lewis and Sedonia Herrera, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0066, for an Oil and Gas Support Facility (vehicle parking and
equipment storage associated with an oilfield service facility) 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 stated staff received one letter
expressing concerns regarding noise and incompatibility. She entered the favorable
recommendation of the Planning Commission into the record as written and displayed a vicinity
map and photographs of the site and surrounding area. Ms. Aungst addressed questions from
the Board regarding the recent use of parking trucks, and indicated the location of the
neighbor's residence who submitted the letter of concern, as well as opposing testimony at the
Planning Commission hearing.
El Heidi Hansen, Department of Public Works, provided a brief overview of the roadway
classification and average daily traffic counts. She stated the proposal is anticipated to have a
minimal traffic impact; therefore, an Improvements and Road Maintenance Agreement will not
be required; however, Development Standard #14 does indicate the maximum number of
roundtrips. She stated there is an approved access and the applicant will be required to provide
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a water quality feature. She addressed questions from the Board regarding the lack of a haul
route and the anticipated large truck operations.
e Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions (bottled water and portable toilets), and Waste Handling Plan.
El Lewis Herrera, Sr., applicant, gave a brief overview of his large equipment parking
proposal and addressed questions from the Board. He indicated the proposed site will be in the
northeast corner, and reviewed the business operations and types of equipment used, as well
as his contact with the residents in the area. Responding to Chair Garcia, Ms. Aungst explained
the application indicates the site will consist of up to ten (10) acres situated in the northeast
corner, but the operations are currently limited to one (1) acre for parking and the applicant has
indicated he may construct a home in the future. In response to Commissioner Kirkmeyer,
Mr. Herrera indicated the equipment storage will consist of pump jacks, and he intends to install
an eight -foot fence.
Auram Yaffe, surrounding property owner and six -year resident, expressed opposition to
the project due to incompatibility with the area that currently consists of agriculture and
residences. He requested that in the event of approval, the development be located closer to
County Road (CR) 69, in the northwest corner, in order to reduce the amount of dust and noise.
Mr. Yaffe also requested landscaping screening, rather than a large fence, and that storage be
restricted to the applicant's vehicles only. He addressed questions from the Board regarding
the proposal for landscaping.
Mr. Herrera confirmed he will not rent to other companies, he plans to build a home on the
property once he retires, and he is willing to landscape; however, the trees will not effectively
screen the site for at least ten years. He stated his staff is required to travel slowly past
residences and within the site to help control dust and he is agreeable to relocating to the
northwest corner, if instructed. In response to Commissioner Conway, Mr. Herrera explained
his logic for the site design.
Fl In response to Commissioner Kirkmeyer, Ms. Aungst confirmed this is not a violation case;
however, the USR is required because the proposed use is more intense that what is allowed in
the Code (2 commercial vehicles on 80 acres).
ID In response to Chair Garcia, Mr. Herrera indicated agreement with the proposed
Conditions of Approval and Development Standards. Commissioner Conway referenced
Development Standard #14, which limits the truck round trips to twelve in an effort to mitigate
the impacts. Ms. Hansen agreed the traffic count was so minimal, the limit eliminates the need
for an Improvements Agreement and dust abatement. Following discussion, Ms. Aungst
confirmed if the operations exceed twelve, staff included the word "may" to allow some flexibility
in determining the appropriate process at that time. Commissioner Kirkmeyer clarified her
proposed language revisions for the record to state, "The maximum number of proposed truck
round trips per day is twelve (12). Exceeding these numbers may require an Improvements and
Road Maintenance Agreement" and the Board concurred. Commissioner Rademacher
expressed concern with the financial burden of requiring the fencing of ten acres. Mr. Herrera
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stated he intends to fence the storage area, which is currently one (1) acre, and Commissioner
Rademacher indicated it should only be to the west and south for mitigation purposes. He
referenced Condition of Approval #1.C, with instruction that the Screening Plan be limited to the
storage area being used at the time, not the entire ten acres and only for the benefit of the
residence to the southwest. Regarding the site location, Mr. Herrera stated the prevailing winds
are from the southwest and the proposed location is best suited to eliminate impacts.
Commissioner Kirkmeyer proposed amending Condition of Approval #1.F.4 to delete the words,
"from adjacent properties, including the public rights -of -way" and the Board concurred.
Commissioner Rademacher referred to Development Standards #3, #4, and #5 and Ms. Aungst
explained the language is intended to clarify the difference between the company driver
employees, versus on -site employees. Mr. Herrera indicated there will be no maintenance, and
if he constructs a building in the future, it will only be used for indoor parking of equipment.
El Following discussion, Commissioner Conway moved to amend Development Standard #3
to extend the hours of operation to 10:00 p.m., with instruction that any activity outside the hours
will be out of compliance. Commissioner Kirkmeyer seconded the motion. Chair Garcia and
Commissioner Freeman indicated they did not support the change, since driving in a truck and
parking are not typical operations. Upon a call for the vote, the motion failed, with
Commissioners Freeman, Rademacher and Garcia opposed. Commissioner Rademacher
moved to amend the language to state, "Hours of operation shall be 24 hours a day, 7 days a
week." The motion was seconded by Commissioner Freeman. Commissioner Kirkmeyer
expressed opposition, since the applicant is agreeable to the current language and it is
consistent with other similar facilities. Upon a roll call vote, the motion carried, with
Commissioners Conway and Kirkmeyer opposed. El In response to Commissioner
Rademacher, Mr. Herrera stated he has a total of 15 employees, including office help and five
drivers, and he was agreeable to revising the employee maximum. Chair Garcia explained the
minor amendment process, if necessary. Following discussion, it was agreed to keep the
number of employees at five (5), since the office staff will not be located at this facility.
e In response to Chair Garcia, Mr. Herrera stated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as proposed and amended.
El Commissioner Rademacher moved to approve the request of Lewis and Sedonia Herrera
for Site Specific Development Plan and Use by Special Review Permit, USR12-0066, for an Oil
and Gas Support Facility (vehicle parking and equipment storage associated with an oilfield
service facility) 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. His motion included amending Condition of
Approval #1.F.4 to delete the words, "from adjacent properties, including the public rights -of -
way."; revising Development Standard #3 to state, "Hours of operation shall be 24 hours a day,
seven days a week", and modifying Development Standard #14 to state, "The maximum
number of proposed truck round trips per day is twelve (12). Exceeding these numbers may
require an Improvements and Road Maintenance Agreement." The motion was seconded by
Commissioner Freeman. Commissioner Conway thanked the applicant for attempting to
mitigate the impacts and he encouraged the neighbors to communicate and work together.
There being no further discussion, the motion carried unanimously and the hearing was
completed at 11:40 a.m.
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This Certification was approved on the 14th day of January, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
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BY
eputy Clerk
APP
ounty Attorney
Date of signature: k 1)71)-(3
William F. G rpiar-Ghyir
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Douglas ademacher, Pro -Tern
Barbara Kirkmeyer
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