HomeMy WebLinkAbout20120875.tiff HEARING CERTIFICATION
DOCKET NO. 2012-20
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0031, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL FIELD
ROUST-A-BOUT AND PAINTING BUSINESS) IN THE A (AGRICULTURAL) ZONE
DISTRICT - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS, DBA
DAVE'S OILFIELD CONSTRUCTION, LLC
A public hearing was conducted on March 28, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated February 17, 2012, and duly published
February 22, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of BB Colorado Holdings, LLC, c/o Dave Burroughs, dba Dave's Oilfield Construction,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0031, for
an Oil and Gas Support and Service Facility (oil field roust-a-bout and painting business) in the
A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
described the location of the site, and entered the favorable recommendation of the Planning
Commission into the record as written. He explained the Board approved the parcel creation
through the Recorded Exemption (RE) process and staff is requesting a Screening Plan for the
outdoor storage of materials due to the close proximity of nearby residences and the County
road to ensure compatibility. Mr. Gathman stated the site is not within any three-mile referral or
intergovernmental areas, staff received no communications from surrounding property owners,
and he displayed a site map and photographs of the site and surrounding area. In response to
Chair Conway, Mr. Gathman confirmed there is a resident in the house to the northeast, and the
Board agreed to modify Condition of Approval #6.E to require "sign off", rather than "approval"
by the local fire protection district prior to issuing a building permit.
Heidi Hansen, Department of Public Works, stated County Road (CR) 40 requires 60 feet of
right-of-way at full buildout, the average daily traffic count is 129 vehicles, and the applicant will
be using the existing access for up to 55 employees, four semi-trucks, two dump trucks, and 15
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HEARING CERTIFICATION - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS,
DBA DAVE'S OILFIELD CONSTRUCTION, LLC (USR11-0031)
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roust-a-bout service trucks. She stated the activity will require a standard road maintenance
agreement, including internal dust control, double cattle guards at the entrance, a map of the
operations area (which may already be satisfied), and a water quality depression for stormwater
runoff.
Mary Evett, Department of Public Health and Environment, stated the facility is served by an
existing well, which was re-permitted for commercial use; however, the uses are restricted to
drinking and sanitary purposes only. She stated the shop building is served by an existing
septic system, which is permitted for eight persons and will require evaluation by an engineer for
the proposed increase in the hydraulic load. She requested Condition of Approval #1.D be
corrected to retain the stricken language and strike the proposed language, and to delete
Condition of Approval #1.G, since the washing of vehicles is not allowed by the commercial well
and does not apply. In response to Chair Kirkmeyer, Ms. Evett confirmed the applicant
submitted a written statement ensuring there will be no washing of vehicles at the site. She
stated a paint booth is proposed and may require an Air Pollution Emissions Permit (APEN), a
Waste Handling Plan still needs to be submitted, and the applicant has submitted a Dust
Abatement Plan, which entails surfacing the access drives and parking areas in gravel, reducing
traffic speeds, and applying magnesium chloride.
Tim Naylor, AGPROfessionals, LLC, represented the applicant and displayed a PowerPoint
presentation, marked Exhibit D. He stated the shop will be housed in an existing barn and the
applicant is requesting the ability to add an office in the future for the business operations. He
stated painting may be an option in the future; therefore, he requested the APEN requirement
be moved from the Conditions of Approval to become a Development Standard prior to
commencing any painting operations. Mr. Naylor stated the applicant anticipates up to 45
employees, the overall site is 143 acres, he reviewed the site layout maps, and reiterated the
request for the addition of an office in the future. He stated the application meets the review
criteria, the property is located in the middle of the oil and gas service area, and this is the most
efficient use of the site. He also reviewed the topic of traffic, displayed a photograph of the
screening, stated the surrounding houses are owned by the applicant, and they anticipate
removing the silos and deteriorating barns on the adjacent sites, which are also owned by the
applicant. Mr. Naylor reviewed the air quality controls for painting in the future and reiterated
the request to move the APEN requirement from the Conditions of Approval to become a
Development Standard. Lastly, he stated the proposed use will create new jobs and he
requested approval.
No public testimony was offered concerning this matter. In response to Commissioner
Rademacher, Mr. Naylor stated the sheds are contained within the USR boundary; however,
they will be removed, and he confirmed the applicant owns 320 acres and all of the RE lots.
Responding to Commissioner Kirkmeyer, Mr. Naylor stated there is a small office currently
within the proposed shop area; however, the applicant has future plans for a 2,000-square-foot
office to be constructed next to the shop. Mr. Gathman stated it is not an issue to add the term
"Office" to the title, although it is already implied. Commissioner Kirkmeyer determined the letter
from the applicant to staff confirming they are not doing any painting at this time indicates
Condition of Approval #1.E has been met and Mr. Naylor agreed. He further stated they are not
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HEARING CERTIFICATION - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS,
DBA DAVE'S OILFIELD CONSTRUCTION, LLC (USR11-0031)
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washing vehicles at this time, but the words "in the event" address the potential for washing.
Responding further to Commissioner Kirkmeyer, Mr. Naylor requested Conditions of Approval
#2 and #3 be modified to allow 90 days to record the plat, indicating that will be sufficient time
because the applicant is anxious to complete the work and build the new office. He further
stated amending Development Standard #3 to allow up to 75 employees is preferable for
anticipated growth, with the understanding that the septic system will be designed accordingly,
and the hours of operation listed in Development Standard #4 are acceptable. Mr. Gathman
confirmed the screening is sufficient and the requirement has been met. In response to Chair
Conway, Mr. Naylor stated he and the applicant have reviewed, and agree to abide by, the
Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Rademacher moved to approve the request of BB Colorado Holdings, LLC, c/o
Dave Burroughs, dba Dave's Oilfield Construction, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR11-0031, for an Oil and Gas Support and Service
Facility (oil field roust-a-bout and painting business) 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 the first sentence of Condition of Approval #1.D to state, "Any additional hydraulic
load to any existing septic system will require review by a Colorado registered professional
engineer," modifying Conditions of Approval #2 and #3 to allow ninety (90) days to record the
plat, amending Condition of Approval #6.E and Development Standard #21 to replace
"approval" with "sign off of building permits" by the Platte Valley Fire Protect District prior to the
release of building permits, and modifying Development Standard #3 to increase the number of
employees from 55 to 75. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously. There being no further discussion, the hearing was completed
at 10:38 a.m.
2012-0875
PL2154
HEARING CERTIFICATION - BB COLORADO HOLDINGS, LLC, CIO DAVE BURROUGHS,
DBA DAVE'S OILFIELD CONSTRUCTION, LLC (USR11-0031)
PAGE 4
This Certification was approved on the 2nd day of April, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0031 - BB COLORADO HOLDINGS, LLC, C/O DAVE BURROUGHS,
DBA DAVE'S OILFIELD CONSTRUCTION, LLC
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 3/6/2012)
D. Applicant PowerPoint presentation
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