HomeMy WebLinkAbout20123231.tiff HEARING CERTIFICATION
DOCKET NO. 2012-83
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0053, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING
SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT- FRANCISCO RAMIREZ
A public hearing was conducted on November 14, 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- EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
ID 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 Francisco Ramirez, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0053, for a Mineral Resource Development Facility, including an Oil and Gas
Support Facility (roust-a-bout and excavating service) in the A (Agricultural) Zone District. Brad
Yatabe, Assistant County Attorney, made this a matter of record.
▪ Chair Conway advised the applicant's representative, Stuart Gorton, that he has the option
of continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Rademacher will listen to the record and make the determining vote. Mr. Gorton indicated he
would like to proceed today.
▪ Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and explained the applicant is currently in violation for operating without the appropriate zoning
permit. He reviewed the surrounding land uses and referral responses, and stated staff
received a letter from a surrounding property owner expressing concern regarding decreased
property values and increased traffic. Mr. Ogle entered the favorable recommendation of the
Planning Commission into the record as written, he displayed maps and photographs of the site
and surrounding area, and he also addressed questions from the Board.
lei - L
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ID Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She reviewed the average daily traffic counts, current roadway
classifications and access, and stated Development Standard #19 addresses haul truck traffic.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, which includes portable toilets and bottled water. She recommended moving
Development Standards #10 and #12 to become notes on the plat under Conditions of Approval
#1.C.9 and #1.C.10. She also reviewed the dust and waste mitigation plans.
El Mr. Gorton stated the applicant intends to install fencing/screening and he asked that
Development Standard #22 be modified to extend the hours of operation or be deleted entirely.
Fl No public testimony was offered concerning this matter. Mr. Gorton also requested
Development Standard #23 be amended to allow 25 employees, as approved by the Planning
Commission. Commissioner Kirkmeyer commented this is a heavily populated area and the
Board needs to ensure compatibility.
Fl Francisco Ramirez, applicant, explained the typical and emergency business operations.
Mr. Yatabe suggested amending Development Standard #22 by deleting "for the field crews"
and inserting "or as the case of an emergency arises", which will be at the discretion of the
applicant and subject to complaint. Mr. Ramirez indicated he receives emergency calls
approximately five times a year, and they work on Saturdays an average of twice a month to
meet job deadlines. The Board agreed to modify Development Standard #22 to state, "Hours of
operation are limited to 6:00 a.m., until 6:00 p.m., Monday through Saturday, or in the case of
an emergency they may operate outside of the designated hours." They also agreed to change
Development Standard #23 to increase up to 25 employees and clarify that field crews are not
identified as on-site employees. Chair Conway also clarified Development Standards #10 and
#12 will be deleted and moved to become new Conditions of Approval #1.C.9 and #1.C.10.
Mr. Gorton stated he and the applicant have reviewed, and agree to abide by, the Conditions of
Approval and Development Standards, as proposed and modified
Fl Commissioner Garcia moved to approve the request of Francisco Ramirez for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0053, for a Mineral
Resource Development Facility, including an Oil and Gas Support Facility (roust-a-bout and
excavating service) 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 accepting the proposed revisions of
the Planning Commission, deleting Development Standards #10 and #12 and moving them to
become new Conditions of Approval #1.C.9 and #1.C.10, modifying Development Standard #22
to state, "Hours of operation are limited to 6:00 a.m., until 6:00 p.m., Monday through Saturday,
or in the case of an emergency they may operate outside of the designated hours," and
amending Development Standard #23 to state, "The number of employees associated with this
facility is limited to twenty-five (25) persons. The field crew personnel are not identified as
permanent on-site employees." The motion was seconded by Commissioner Long, and it
carried unanimously. There being no further discussion, the hearing was completed at
12:00 p.m.
2012-3231
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HEARING CERTIFICATION - FRANCISCO RAMIREZ (USR12-0058)
PAGE 3
This Certification was approved on the 19th day of November, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: \tr\i"1"..4 """"'4114 `AS �JI
Sean P. Co gay Chair /----)
Weld County Clerk to the Board C l
LIT William F. arcia, .- e
BY: 1e
D ty Clerk t t e B rd JJye t Z, Ll -A---
361 t 0 t. . $arbara Kirkmeyer
O/� y ; � David E. Long '
EXCUSED
Douglas Rademacher
2012-3231
PL2190
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