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Home My WebLink About20123197.tiff HEARING CERTIFICATION DOCKET NO. 2012-54.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0038, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING, AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS ROUST-A-BOUT BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT —WELLS RANCH, LLLP 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, Chris Gathman Public Works representative, Heidi Hansen Health Department representative, Lauren Light The following business was transacted: la I hereby certify that pursuant to a notice dated July 20, 2012, and duly published July 25, 2012, in the Fort Lupton Press, a public hearing was conducted on August 22, 2012, and then continued to September 19, and then to November 14, 2012, to consider the request of Wells Ranch, LLLP, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0038, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and gas roust-a-bout business) in the A (Agricultural) Zone District. On November 14, 2012, Brad Yatabe, Assistant County Attorney, made this a matter of record. IR Chair Conway advised the applicant's representative, Rick Behning, Baseline Engineering, 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. Behning indicated he would like to proceed today. e Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the application was submitted in response to an active violation, which will be closed upon approval and recording of the plat. He gave a brief description of the location of the site, reviewed the surrounding land uses and referral responses, and he entered the favorable recommendation of the Planning Commission into the record as written. He displayed an aerial map and photographs of the site and surrounding area, and answered questions from ` .m L, N r-J) 1, 2012-3197 PL2174 HEARING CERTIFICATION -WELLS RANCH, LLLP (USR12-0038) PAGE 2 the Board regarding the nature of the zoning violation, which was initiated by a citizen complaint. El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation plans, access, haul route, and improvements requirements. She also noted the drainage/stormwater water quality design has been submitted to, and accepted by, staff. ID Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. She addressed the existing fueling island and associated regulations, and gave a brief overview of the Waste Handling and Dust Control Plans. In response to Commissioner Kirkmeyer, Ms. Light confirmed the Dust Abatement Plan has been submitted and needs to be revised; therefore, Condition of Approval #1.D should be amended to state, "The applicant shall submit a revised Dust Abatement Plan. . . ." In Mr. Behning stated the violation was initiated as a result of starting the business without the necessary permits, and he displayed a PowerPoint presentation, which he reviewed for the record. Mr. Yatabe requested a copy of the presentation be submitted for the file, marked Exhibit D. El No public testimony was offered concerning this matter. In response to Chair Conway, Mr. Behning agreed with the proposed and modified Conditions of Approval and Development Standards. In response to questions from the Board, he indicated Development Standard #3 for the number of employees is sufficient. Responding further to Commissioner Kirkmeyer, Ms. Light stated if the applicant seeks a well, the "property owner" is encouraged to test the drinking water. Commissioner Kirkmeyer proposed deleting Development Standard #17 and making it a note on the plat under Condition of Approval #1.A.9, with a change from "applicant" to "property owner". Upon review, the Board and applicant agreed with the revision. In response to Commissioner Long, Ms. Light stated the size of the septic system will be based on the amount of time used and the number of people, it will be designed by an engineer to address six employees, and the applicant does have the option to build for 150 drivers or use portable toilets if they are on the site for less than two (2) consecutive hours. Mr. Behning stated he has discussed the options with the applicant and they are in agreement with the language as proposed. In response to Chair Conway, Mr. Behning stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Long moved to approve the request of Wells Ranch, LLLP, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0038, for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and gas roust-a-bout 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 deleting Condition of Approval #1.A.7 and Development Standard #29, as recommended by the Planning Commission; amending Condition of Approval #1.D to read, "The applicant shall submit a revised Dust Abatement Plan. . . .," and deleting Development Standard #17 and moving the language to be added as Condition of Approval #1.A.9. The motion was seconded by 2012-3185 PL2174 -W ELLS CERTIFICATION RANCH, LLLP USR12- )(038 PAGE 3 Commissioner Garcia. In response to Commissioner Long, Ms. Hansen reviewed the portions of roadway which were vacated. There being no further discussion, the hearing was completed at 11:20 a.m. This Certification was approved on the 19th day of November, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTS: PM„uks onA,eJ(.64u 9, o., (Pr Sean P. Con - , Chair Weld County C rk to the Board / ,,�' ' t,�,ail IB/m Garcia, Pro-Tem BY: (�� :�. i Z Deputy Clerk to e Boar. 1861 (' ""•. 1 -ra Kirkmeyer l / 0U ki L �► �� avid E. 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