HomeMy WebLinkAbout20120877.tiff HEARING CERTIFICATION
DOCKET NO. 2012-21
RE: A REVIEW OF A PREVIOUSLY DENIED APPLICATION FOR LAND USE (USE BY
SPECIAL REVIEW PERMIT #1785 FOR OIL FIELD PRODUCTS MANUFACTURING
AND PAINTING) AND REQUEST FOR A SUBSTANTIAL CHANGE DETERMINATION
- DORIS CUNNINGHAM, C/O CLIFFORD SIMPSON, DBA C & H EXCAVATION, LLC
A public hearing was conducted on March 28, 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, 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 February 17, 2012, and duly published
February 22, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Doris Cunningham, c/o Clifford Simpson, dba C & H Excavation, LLC, for review of a
Previously Denied Application for Land Use (Use By Special Review Permit #1785 for oil field
products manufacturing and painting) and request for a Substantial Change Determination.
Brad Yatabe, Assistant County Attorney, made this a matter of record. In response to
Commissioner Garcia, Mr. Yatabe reviewed the criteria listed in Section 2-3-10.B of the Weld
County Code, and explained the Board is not considering the Use by Special Review (USR)
application; rather, they are making a determination on whether there has been a Substantial
Change in the application. He stated it is a quasi-judicial hearing for allowing public input, which
should be limited to whether there has been a change in the application or circumstances in the
area; not the merits of the specific USR application.
Chris Gathman, Department of Planning Services, read the October 19, 2011, findings for denial
and the criteria for a determination of a substantial change for the record. He stated the only
item that has changed is the application, which was previously denied due to incompatibility with
the neighborhood. He further stated the applicant has submitted a revised application which
prohibits on-site painting; eliminates the storage of completed work, storage of semi trucks,
equipment repair, and off-site employee parking; and proposes the following options for
operating hours: a) 7:00 a.m. - 5:00 p.m., Monday through Saturday; b) 7:00 a.m. - 6:00 p.m.,
Monday through Friday, and 8:00 a.m. - 4:00 p.m. on Saturday; or c) 6:00 a.m. - 10:00 p.m.,
Monday through Friday. Additionally, the applicant is proposing a 15-foot lean-to structure
along the northern boundary for screening and storage, which is taller than the 13-foot structure
previously proposed. He stated the Planning Commission determined the amount of changes
CA , PLJ W y--L 2012-0877
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SHOW CAUSE HEARING CERTIFICATION - DORIS CUNNINGHAM, C/O CLIFFORD
SIMPSON, DBA C & H EXCAVATION, LLC (RE: PREVIOUSLY DENIED USR-1785)
PAGE 2
warrants a Substantial Change determination, and Mr. Gathman displayed photographs of the
site contrasting the changes made since August, 2011, and he confirmed the paint booth has
been dismantled and no painting is occurring at the facility.
Heidi Hansen, Department of Public Works, stated the requirements will not change greatly
since the original application was much smaller in scope and staff's original comments did not
account for the business growth following the submittal. She stated the applicant will be
required to submit a traffic estimate and a water quality depression.
Lauren Light, Department of Public Health and Environment, stated the only changes will be the
request for an updated Waste Handling Plan and eliminating the APEN requirement, since they
will no longer be repairing equipment or painting at the site.
Jeff Bedingfield, Attorney, represented the applicant and stated the applicant is seeking a
Substantial Change determination based on the modified USR application. He stated, in 2011,
the applicant's business was successful, but still fairly small; however, in May the oil and gas
business increased significantly and the biggest impact was the start of construction of large
water storage tanks at the site. He stated as the business increased, they also had more
painting, more field crews, and more deliveries and truck traffic. Mr. Bedingfield stated he
reviewed the entire audio recording of the hearing conducted on October 19, 2011, and
indicated the overall business remains the same; however, the applicant has relocated the
painting operations, off-site crew parking, and storage component to a leased facility in the
Town of Ault, which just leaves the welding and fabrication at the subject site. He stated there
will be no trucks parked or repaired at the site, the number of employees has been reduced to a
maximum of 18, and three options for the hours of operation were presented to the neighbors
immediately to the north, who indicated they prefer the hours of 6:00 a.m., to 10:00 p.m.,
Monday through Friday, to eliminate the impact on their weekends. He indicated the proposed
location of the lean-to structure, which is intended to screen the site, yet preserve the site
distance at the access, as well as the neighbors' view of the mountains. Upon review of record,
Mr. Bedingfield stated he believes the new application constitutes a Substantial Change; it will
address all of the concerns expressed at the previous hearing, and the proposed use is suitable
for the site.
Dustin Winter, surrounding property owner, requested the opportunity to submit photographs
demonstrating the applicant has not made a substantial change to the site. Commissioners
Long and Kirkmeyer clarified the testimony must be limited to changes in the application being
submitted. Commissioner Garcia stated he is willing to hear Mr. Winter's testimony.
Commissioners Long and Rademacher agreed the photographs will be irrelevant to the
Substantial Change decision. Mr. Yatabe confirmed this is the start of the process and further
testimony as to the merits of the case will be heard at a future date, if a Substantial Change
determination is made and the applicant is allowed to proceed with the USR process.
Commissioner Long reiterated the property is not held to the standards of the proposed
application until the USR Permit is approved, and he acknowledged there may currently be
violations at the site. Mr. Winter submitted photographs, marked Exhibit D, and Chair Conway
advised the photographs may be viewed by the Commissioners who choose to accept them.
2012-0877
PL2127
SHOW CAUSE HEARING CERTIFICATION - DORIS CUNNINGHAM, C/O CLIFFORD
SIMPSON, DBA C & H EXCAVATION, LLC (RE: PREVIOUSLY DENIED USR-1785)
PAGE 3
Mr. Winter stated the applicant has made no changes to the site since the original application
was denied. He stated they are bringing in new materials, parking in undesignated areas,
storing painted material on the site, parking cargo containers without the appropriate building
permits, and they have not applied magnesium chloride for dust control. He expressed
frustration with the County for allowing the applicant to continue submitting plans when he has
not shown a good faith effort to abide by his proposals. Commissioner Long stated he
appreciates the neighbors' frustration, since this was initiated as a violation; however, a
Substantial Change determination allows the applicant to formally submit a revised application
to be enforced through the Conditions of Approval and Development Standards, if approved.
Mr. Winter stated there is still the opportunity for business growth, and the operation should be
shut down and moved to an appropriate location where it can truly flourish.
Mr. Bedingfield stated the blue materials shown in the pictures are the water storage tank
components which are assembled at the site, and the truck is licensed and operable and is
utilized to move the materials. He stated the property owner immediately to the north,
Mr. Deines, is the most impacted resident in the area and, although he is not truly happy with
the existence of the business next door, they are now on good terms. He further stated he does
not believe there is anything the applicant can do to make Mr. Winter happy, without leaving the
site entirely; however, the proposed application is substantially changed from the original
application to address the concerns expressed at the previous hearing.
Commissioner Kirkmeyer stated the purpose of this hearing is to determine whether there is a
substantial change to the application; it is her opinion that there are changes; and a Substantial
Change determination in no way indicates whether the final application will be approved. She
stated she received the initial complaints which started the entire process, and although the
Department of Planning Services reported the need for a zoning permit, there have been no
further violations and it is the Board's policy to work with landowners to bring the site into
compliance. She expressed her appreciation to Mr. Bedingfield for personally meeting with the
neighbors and stated she hopes Mr. Simpson is also cooperating with them on a regular basis.
She cited the following items as evidence of a Substantial Change: eliminating the painting,
relocating long term storage, trucks, and repair work to an alternate site, directing off-site
employees to park at the Ault facility, relocating the on-site employee parking, decreasing the
number of employees, and accommodating the neighbors' request for the hours of operation.
Commissioner Long concurred and stated he supports this part of the process. Commissioners
Rademacher and Garcia also concurred, indicating the testimony from Mr. Bedingfield
demonstrates the applicant's intent to act in conformity with the proposal, if approved. Chair
Conway also concurred and he appreciates Mr. Winter's frustration; however, this hearing
resets the process which will allow for additional public input and participation.
Commissioner Long added the Code provides this opportunity to the applicant to work through
the issues and improve the application. Based on the previous discussion and the
recommendations of the Planning staff and Planning Commission, Commissioner Long moved
to find the applicant has met the burden of proof for Criteria 1 of Section 2-3-10 of the Weld
County Code in demonstrating a Substantial Change in the application request of Doris
Cunningham, c/o Clifford Simpson, dba C & H Excavation, LLC, concerning previously denied
2012-0877
PL2127
SHOW CAUSE HEARING CERTIFICATION - DORIS CUNNINGHAM, C/O CLIFFORD
SIMPSON, DBA C & H EXCAVATION, LLC (RE: PREVIOUSLY DENIED USR-1785)
PAGE 4
Use by Special Review Permit #1785. The motion was seconded by Commissioner
Rademacher. Commissioner Kirkmeyer stated she supports the motion with the following
changes to the Resolution: remove `Action of the Board Concerning"from the title and replace it
with `Approve Determination of'; modify reason #1 to read, "It is the opinion of the Board of
County Commissioners that the applicant has demonstrated that there has been a substantial
change in the facts and circumstances regarding the application subsequent to the original
decision of denial by the Board of County Commissioners:"; delete paragraphs (b) through (d);
and amend paragraph (a) to list the following items as evidence of Substantial Change: ". . .
decision of denial, including, eliminating the painting, relocating long term storage, trucks, and
repair work to an alternate site, directing off-site employees to park at the Ault facility, relocating
the on-site employee parking, decreasing the number of employees, and accommodating the
neighbors'request for the hours of operation." Commissioners Long and Rademacher affirmed
their prior motion with the changes as proposed by Commissioner Kirkmeyer, and the motion
carried unanimously. There being no further discussion, the hearing was completed
at 11:42 a.m.
This Certification was approved on the 2nd day of April, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. C ay, Chair
Weld County Clerk to the Board
Willi m . Gardia, Pro-Tem
BY:
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0029 - DORIS CUNNINGHAM, C/O CLIFFORD SIMPSON
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 3/6/2012)
D. Dustin Winter Photographs
E. Planning Staff Certification and Photo of sign posting
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