HomeMy WebLinkAbout20121683.tiff HEARING CERTIFICATION
DOCKET NO. 2012-43
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0018, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (LIGHT INDUSTRY OIL FIELD RENTAL AND
SERVICE COMPANY), IN THE A (AGRICULTURAL)ZONE DISTRICT-TESS LEASES
AND SALES, LLC
A public hearing was conducted on July 11, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem - EXCUSED
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, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated June 1, 2012, and duly published June 6,
2012, in the Fort Lupton Press, a public hearing was conducted to consider the request of Tess
Leases and Sales, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR12-0018, for Mineral Resource Development Facilities, including Oil and Gas
Support and Service (light industry oil field rental and service company) in the A (Agricultural)
Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
ID Chair Conway advised the applicant's representative, Jennifer Stults, that she has the
option of continuing this matter to a date when the full Board will be present. However, if she
decides to proceed today, it will require three affirmative votes, or in the case of a tie vote,
Commissioner Garcia will listen to the record and make the determining vote. Ms. Stults
indicated she would like to proceed today.
Ei Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. He indicated the location of the site and the surrounding land uses, and
stated eight of the twelve referral agencies responded favorably or offered comments which
have been addressed in the Conditions of Approval and Development Standards. Mr. Gathman
noted the site is within the three-mile referral area for the towns of Ault and Severance;
however, neither municipality submitted a referral response. He reviewed the screening and
lighting requirements, displayed photographs of the site and surrounding area, and explained if
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HEARING CERTIFICATION -TESS LEASES AND SALES LLC (USR12-0018)
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approved, the applicant will be required to submit a request for partial vacation of an existing
USR permit on the site.
IR Don Carroll, Department of Public Works, reviewed the current access and roadway
conditions and stated staff is requiring a water quality feature. He stated the applicant will be
required to enter into an Improvements Agreement to address the turning radius, tracking pad,
Stop sign, and haul route, as well as obtain a Grading Permit. He addressed a question from
the Board regarding the water quality feature requirement and agreed to review the language in
Condition of Approval #1.E.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions for the site, as well as the proposed Dust Abatement and Waste Handling
Plans, which are addressed in the Conditions of Approval and Development Standards.
El Ms. Stults agreed with staffs' presentations and stated the applicant is working to
complete all of the requirements within 120 days to record the plat.
El No public testimony was offered concerning this matter. In response to Chair Conway,
Ms. Stults stated the applicant has no request for modifications to the Resolution and they will
continue to work with staff regarding the access location. Mr. Carroll reviewed his discussions
with the applicant on the matter and stated he is recommending Condition of Approval #2.A be
modified to insert "45 to 60-foot radius. . ." to address the applicant's concern regarding the
placement of the access. He also agreed Condition #1.E should be modified to delete the third,
fourth and fifth sentences. In response to Commissioner Rademacher, Ms. Stults requested
Development Standard #3 be modified to increase up to 19 employees; however, she clarified
the applicant does intend to build the septic system to support the current amount of employees.
She further stated Development Standard #4 reflects the applicant's standard office hours;
however, she supported deleting the language. The Board agreed to extend the hours of
operation from 7:00 a.m., until 8:00 p.m. to provide more flexibility, and Ms. Stults agreed.
Responding to Chair Conway, Ms. Stults stated she and the applicant have reviewed, and agree
to abide by, the Conditions of Approval and Development Standards, as proposed and modified.
El Commissioner Kirkmeyer moved to approve the request of Tess Leases and Sales, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR12-0018, for
Mineral Resource Development Facilities, including Oil and Gas Support and Service (light
industry oil field rental and service company) 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. Her motion included
amending Condition of Approval #1.E to delete the third, fourth and fifth sentences, amending
Condition of Approval #2.A to insert "45 to 60-foot radius. . .", modifying Development Standard
#3 to increase the employee limit to nineteen (19), and altering Development Standard #4 to
extend the hours of operation from 7:00 a.m., until 8:00 p.m. The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:01 a.m.
2012-1683
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HEARING CERTIFICATION -TESS LEASES AND SALES LLC (USR12-0018)
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This Certification was approved on the 16th day of July, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST:�,,ce,•.'
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Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
William F. Garcia, Pro-Te
BY:
Deputy CI'kto eBo.� .` ( , j(,
ar ra Kirkmeyer
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David E. Long
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adtwet
Dougl .s^Radema 'er
2012-1683
PL2172
EXHIBIT INVENTORY CONTROL SHEET
Case USR12-0018 - TESS LEASES AND SALES, LLC
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 6/19/2012)
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