HomeMy WebLinkAbout20123571.tiff HEARING CERTIFICATION
DOCKET NO. 2012-91
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR0054, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN
OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING, STAGING, AND
MAINTENANCE OF OIL AND GAS WATER SERVICE TRUCKS) IN THE
A (AGRICULTURAL)ZONE DISTRICT— RANDE AND GILBERT BERNAL
A public hearing was conducted on December 19, 2012, at 10:00 a.m., with the following
present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tern
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, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated October 19, 2012, and duly published
October 24, 2012, in the Greeley Tribune, a public hearing was conducted to consider the
request of Rande and Gilbert Bernal, for a Site Specific Development Plan and Use by Special
Review Permit, USR12-0054, for a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility (parking, staging, and maintenance of oil and gas water
service trucks) 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
application, which was submitted to address a pending zoning violation initiated as a result of a
citizen complaint. He reviewed the location, surrounding land uses, and referral responses, and
entered the favorable recommendation of the Planning Commission into the record as written.
He displayed maps and photographs of the site and surrounding area.
El Heidi Hansen, Department of Public Works, provided a brief overview of the roadway
classifications, anticipated traffic impacts, access, transportation plans and improvement
requirements. She noted the applicant did submit a water quality design which was acceptable.
Mary Evett, Department of Public Health and Environment, reviewed the water and sewer
provisions and fuel tank requirements. She stated Conditions of Approval #1.L and #1.M have
CA
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HEARING CERTIFICATION - RANDE AND GILBERT BERNAL (USR12-0054)
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been met, she reviewed the Dust Abatement Plan, and she responded to questions from the
Board regarding Conditions of Approval #1.G and#1.H concerning septic system requirements.
ID Gilbert Bernal, applicant, reviewed the business operations and stated he is not expecting
to expand; however, if they do grow, he intends to relocate the business to a different site. He
further stated he has discussed his plans with the neighbors and received no negative
feedback.
El No public testimony was offered concerning this matter. In response to Chair Conway,
Mr. Bernal stated he is in agreement with the Conditions of Approval and Development
Standards, with the exception that he does have plans to use public water, versus a commercial
well. Ms. Evett stated under Condition of Approval #1.C the applicant will need to submit
evidence from the Central Weld County Water District that the site has been approved for a tap
connection. In response to Mr. Gathman, Mr. Bernal stated he anticipates it will take sixty (60)
days toget theprocess completed; therefore, the 120-day plat requirement is sufficient.Y psu aent.
q
VI In response to Commissioner Rademacher, Mr. Bernal indicated the site is fenced with
three-strand barbed wire fencing; however, he is not sure of the intent for six (6) foot opaque
fencing. Following discussion, the Board agreed to delete Conditions of Approval #1.A.4,
#1.A.6, #1.O, and DS #34 all concerning screening. They also agreed to amend Condition of
Approval #6.A to replace the word "will" with "may". In response to Commissioner Rademacher,
Mr. Bernal explained the company's main office is located in the Town of Kersey and he has a
total of 37 employees, therefore, the Board agreed to amend Development Standard #3 to
increase the limit up to "thirty-seven (37)" employees. Commissioner Kirkmeyer suggested
deleting the last two sentences of the newly numbered Development Standard #17 since
duplicate language was also recommended for deletion in old Development Standard #22.
Responding to Commissioner Kirkmeyer, Ms. Evett explained the definition for a public water
supply. Commissioner Kirkmeyer proposed copying the language from newly numbered
Development Standard #21 and making it a new Condition of Approval #1.Q once all of the
renumbering and re-lettering is completed, as well as deleting the second sentence from the
existing Development Standard.
e Chair Conway reviewed the proposed changes. Mr. Gathman proposed adding a second
sentence to Condition of Approval #1.C to state, `Alternately, the applicant may provide
evidence that water service has been obtained from the Central Weld County Water District,"
and the Board concurred. (Clerk's Note: This language was also added to Development
Standard#17 for consistency.)
ID Commissioner Rademacher moved to approve the request of Rande and Gilbert Bernal
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0054, for a
Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility
(parking, staging, and maintenance of oil and gas water service 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. His
motion included deleting Conditions of Approval #1.A.4, #1.A.6, #1.O, and Development
Standard #34 all regarding screening, adding a second sentence to Condition of Approval #1.C
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to state, "Alternately, the applicant may provide evidence that water service has been obtained
from the Central Weld County Water District," (Clerk's Note: This language was also added to
Development Standard #17 for consistency) Additionally, the motion concurred with Staff's
recommendation that Conditions of Approval #1.L and #1.M have been satisfied, added a new
Condition of Approval #1.Q utilizing the language from Development Standard #21, amended
Condition of Approval #6.A to replace the word "will" with "may", modified Development
Standard #3 to increase the number of employees up to "thirty-seven (37)", deleted the old
Development Standard #17 in its entirety and also deleted the last two sentences of the newly
numbered Development Standard #17, and deleted the last sentence of Development
Standard #21. The motion was seconded by Commissioner Garcia, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:51 a.m.
This Certification was approved on the 26th day of December, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST� �'� } ,
�� Sean P. Con ay, hair
Weld County Clerk to the Board
f � William F. Garcia, Pro-Tem
i putyCerk o he .f d d+; �� 1-/ -A.7`-- � /'L ' ,c
1861 �` iv Barbara Kirkmeyer
I EXCUSED DATE OF APPROVAL
II David E. Long
r".d
Dougla Rademac er
2012-3571
PL2195
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