HomeMy WebLinkAbout20123078.tiff HEARING CERTIFICATION
DOCKET NO. 2012-75.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0047, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (WATER DEPOT), IN THE
A (AGRICULTURAL) ZONE DISTRICT— DOUGLAS AND DEBORAH DUGGAN
A public hearing was conducted on October 31, 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, Diana Aungst
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated September 28, 2012, and duly published
October 3, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Douglas and Deborah Duggan, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0047, for a Mineral Resource Development Facility, including
Oil and Gas Support and Service (water depot) in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
Fl Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, surrounding land uses, and referral responses. She entered the favorable
recommendation of the Planning Commission into the record as written.
El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She addressed questions from the Board regarding the status of the
road, traffic counts, and access. In response to Commissioner Garcia, Ms. Aungst displayed
aerial maps and photographs of the site.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, which includes bottled water and portable toilets. She indicated the Planning
Commission recommended the standard language be added to Development Standard #13;
however, it was inadvertently omitted from the Resolution of Recommendation, and Mr. Yatabe
concurred. Ms. Light reviewed the Dust and Waste Management Plans.
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HEARING CERTIFICATION - DOUGLAS AND DEBORAH DUGGAN (USR12-0047)
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IR Douglas Duggan, applicant, described the location of the commercial water dock, and
explained the tanks are provided by the companies and serviced by ten to twelve trucks per
day. He further stated it operates 24 hours a day, seven days a week, and the applicant
increased the number of trucks to 35 to account for the smaller water trucks. Mr. Duggan
requested a waiver of the requirement for portable toilets, since the facilities are available at the
oil and gas rigs the drivers service.
ID No public testimony was offered concerning this matter. In response to Chair Conway,
Mr. Duggan reiterated his request to change Development Standard #13 regarding portable
toilets. He responded to Commissioner Rademacher and stated he is also in the process of
completing a USR application on the adjacent, but separate, property to address the propane
tank violation.
in In response to Commissioner Rademacher, Ms. Light read the proposed language for
Development Standard #13 for the record. The Board discussed the option for waiving the
portable toilet requirements and the consensus was to retain Development Standard #13 as
modified. Regarding Development Standard #17, Ms. Hansen stated the Improvements
Agreement will include triggers for additional improvements if the operation exceeds 35 trucks.
Commissioner Kirkmeyer proposed deleting the word "maximum," with the intent that exceeding
35 trucks per day will only require a revision to the Improvements Agreement and not a USR
amendment, and the Board, staff and applicant concurred. Commissioner Rademacher
addressed Development Standard #5 and the applicant indicated the limit of ten (10) tanks is
sufficient.
El Chair Conway reviewed the proposed changes to Development Standards #13 and #17,
and Condition of Approval #1.D.7 to reflect only one access to the property. In response to
Chair Conway, Mr. Duggan stated he has reviewed, and agrees to abide by, the Conditions of
Approval and Development Standards, as proposed and modified.
In Commissioner Rademacher moved to approve the request of Douglas and Deborah
Duggan for a Site Specific Development Plan and Use by Special Review Permit, USR12-0047,
for a Mineral Resource Development Facility, including Oil and Gas Support and Service (water
depot) 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 adding the following to Development
Standard #13: "The records of maintenance and proper disposal for portable toilets shall be
maintained on a quarterly basis and be available for review by the Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers."; deleting the word "maximum" and increasing the number of
trucks to 35 in Development Standard #17; and modifying Condition of Approval #1.D.7 to
reflect there is only one (1) access to the property. The motion was seconded by Commissioner
Garcia, and it carried unanimously. There being no further discussion, the hearing was
completed at 10:33 a.m.
2012-3078
PL2185
HEARING CERTIFICATION - DOUGLAS AND DEBORAH DUGGAN (USR12-0047)
PAGE 3
This Certification was approved on the 5th day of November, 2012.
BOARD OF COUNTY COMMISSIONERS
A � ELD COUNTY, COLORADO
ATTEST: "AMil\IC\ '� ��'1•� 't�—
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Weld County Clerk to the B. � -
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Sri t�� i. Williwm F. Garcia, Pro -
BY
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Deputy er• to the Board ? "/Jj ) /A-ie-/CLI(/ (- '
a Kirkmeyer
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David E. Long
ug Rademac e
2012-3078
PL2185
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