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Home My WebLink About20120102 HEARING CERTIFICATION DOCKET NO. 2011-71.6 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0009, FOR AN OIL AND GAS SUPPORT AND SERVICE (OIL AND GAS EQUIPMENT REFURBISHMENT, STORAGE AND SHOP) IN THE A (AGRICULTURAL) ZONE DISTRICT- FRANCISCO AND PATRICIA BARRON A public hearing was conducted on January 11, 2012, at 10:30 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, Tom Parko Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated November 10, 2011, and duly published November 16, 2011, in the Fort Lupton Press, a public hearing was conducted on December 7, 2011, to consider the request of Francisco and Patricia Barron, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0009, for an Oil and Gas Support and Service (oil and gas equipment refurbishment, storage and shop) in the A (Agricultural) Zone District, at which time the Board deemed it advisable to continue the matter to December 28, 2011, and again to January 11, 2012, at the applicant's request, due to a scheduling conflict and a desire to have the matter heard by a full quorum of the Board. On January 11, 2012, Brad Yatabe, Assistant County Attorney, made this a matter of record. Tom Parko, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and gave a brief description of the location of the site. He explained there is a pending purchase contract with Chet Thompson, who intends to operate the proposed use. Access will be from County Road (CR) 30, there will be four to six employees, and the hours of operation will be from 7:00 a.m., until 7:00 p.m., seven days a week. Mr. Parko stated the site is not within a three-mile referral area; however, nine referral agencies reviewed the proposal and three responded with comments which have been addressed in the Conditions of Approval and Development Standards. He further stated staff received no comment from the Town of Hudson or any of the neighbors, and he displayed photographs of the site and surrounding area. He indicated the entire site is bordered with a chain link fence and staff is requesting the applicant add a screening material for the benefit of property owners to the south and possibly to the west. C UA , Vu, Pw, NL 2012-0102 PL21 38 HEARING CERTIFICATION - FRANCISCO AND PATRICIA BARRON (USR11-0009) PAGE 2 Heidi Hansen, Department of Public Works, stated the site will be accessed from CR 30, which is a collector roadway requiring 80 feet of right-of-way at full buildout, and the average daily traffic count is approximately 701 vehicles. Ms. Hansen stated there is also 30 feet of public right-of-way on the east side of CR 47; however, the subject site is separated from the roadway by a another parcel. She stated the applicant needs to amend the plat map to reflect the parcel boundary and show only one access from CR 30, or obtain an easement to access across the adjacent parcel from CR 47. She further stated staff is working with the applicant to establish appropriate tracking control based on four to six employees with one to two trips per day. Ms. Hansen indicated if the drive area is dirt, the applicant will need to install a double cattle guard; however, if the area is surfaced with recycled asphalt there will not be a problem. She confirmed there will be a water quality depression to control stormwater run off. Lauren Light, Department of Public Health and Environment, stated the existing well is permitted for domestic use; however, the applicant will be required to apply for a change of use to commercial. She stated the Planning Commission added a sentence to Development Standard #11 to allow portable toilets until the building is constructed, at which time the applicant will need to install a septic system. She stated the applicant also needs to submit Waste Handling and Dust Abatement Plans, and Condition #2.1 stipulates the state must approve a lined pit as acceptable for waste storage, or they also have the option of constructing the shop with a floor drain which empties into a self-contained system. Ms. Light explained they may need an air emissions permit and Development Standards #5 through #16 address the remaining health requirements. In response to Commissioner Rademacher, Ms. Hansen stated CR 30 is paved. Responding to Commissioner Garcia, Mr. Parko explained the neighboring houses are located to the south and west and staff is just asking for the addition of some opaque material in the existing fencing to screen the site. Responding to Commissioner Kirkmeyer, Ms. Light stated Condition of Approval #2.1 also addresses residual material on the inside of tanks when they are cleaned. Chet Thompson represented the applicant and stated he has been in business for 20 years and rents a property near the Tire Mountain facility. He stated his company purchases and supplies production equipment to oil and gas operators throughout the Rocky Mountain area and internationally. He further explained they do not manufacture equipment; rather, they purchase the items and keep them in inventory and then provide a sales quote upon request. Mr. Thompson confirmed a single access from CR 30 will be sufficient, and if a vault is more appropriate, he is willing to comply. Commissioner Kirkmeyer commented it may be best to leave the option in to allow the flexibility to pursue it with the State in the future. Mr. Thompson stated he intends to construct a vault outside of the shop and Ms. Light indicated deletion of Condition #2.H is acceptable because if the applicant decides to have a floor drain, it will be caught through the building permit process. No public testimony was offered concerning this matter. Mr. Thompson referred to Development Standard #4 and requested the hours of operation be extended to 9:00 p.m. Commissioner Rademacher stated he is willing to delete the hours entirely. Mr. Thompson commented that the public does not come to the site, they average one to two delivery trucks per day; however, some days there are no trucks. He also requested Development Standard #3 2012-0102 PL2138 HEARING CERTIFICATION - FRANCISCO AND PATRICIA BARRON (USR11-0009) PAGE 3 be adjusted to allow up to ten (10) employees. Ms. Light stated the increase will be fine, since the applicant has not applied for a septic permit; however, it will need to be engineer-designed to accommodate the limit. Commissioner Rademacher agreed with requiring screening to the south but not to the west, and Mr. Parko and Mr. Thompson agreed. Commissioner Kirkmeyer stated it is appropriate to screen existing residential uses, per the Weld County Code, and she does not support deleting the hours of operation because the neighbors may not have complained since they were in agreement with the hours as proposed in the application. Following discussion four of the five commissioners agreed to allow operations to occur 24 hours a day, seven days a week, due to the nature of the operation, with Commissioner Kirkmeyer opposed. In response to Commissioner Conway, Mr. Thompson stated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Rademacher moved to approve the request of Francisco and Patricia Barron, c/o Chet Thompson, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0009, for an Oil and Gas Support and Service (oil and gas equipment refurbishment, storage and shop) 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 #2.C and #2.H, amending Development Standard #3 to increase the total number of employees from six to ten, and modifying Development Standard #4 to state, "The hours of operations are 24 hours, Monday through Sunday." The motion was seconded by Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 10:58 a.m. This Certification was approved on the 16th day of January, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �^ Sean P. w air Weld County Clerk to the Board / Wi li m F. Garcia, Pro- em BY: Int A tyn, • Deputy C rk to the Boa -, • �� IF°__ •C ,:a ar: Kirkme en) ` ` David E. Long Ne Q[ rY"1 Douglas Rademac r 2012-0102 PL2138 1 ---- M \ bQ < © s e. r Z - QJ �� CO 3 u. la �„� c3 `� IdN cc o ` ei ,�vm o o H N Z a SQ 9 =Fi- W Y W } O T . �'d U Q U W H V 'e7� "h C.) Z 0 Ire - 1i ,} O ❑ -) x _Ic m N v sl- r LL J N z 0 m N i- Co• cum 0 W °3 ❑ N r'L *`,rFea _O ° Q r 40) U C ❑ N o o CO z ? J E H Q C z Or1 O Uaz c co Naga >, U LL .. 3 Z � y C r. O 0 LLJ W 0. 1 • Q 'Li. ' i 0 t h a noo 3 d x W , ' ' ' 4 NN N y C r r r d L S - Q O O O N % 4* * 0 8 fr__-Q, Z W W W W W W 000 J Z ° ti �� x 000 a • 1- ® \ NI � � ® % / s \ 3 q e 630 \ e / G < % } w r. i\ ~ C) » \ R Q III } \ re j a \ » / a / / ® u' \ ® % / , « ci o m Z ) t \ , y� zn k 4 75 O § % / \ 0 m _i ° m 0 : % o - o UR OE CL % ) @ + — a 0 2@ S § z Q M ° » I-I ) c 2 ) \ * 2 / \ . — co O � •E I- « sea @ \ § J § § o �4 ii_s 2 � � k 48 giV; ./ -4N5 t J., 0 � . ° u. ct \ U) ® } © { J C. A, T = 2 2 © t 2 UUd a) \ �\ 2 w w w e 3 \ ® ® w w w % »SI ^ , o § o 'U z \ \ -) / / � x coo a • EXHIBIT INVENTORY CONTROL SHEET Case USR11-0009 - FRANCISCO AND PATRICIA BARRON 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 11/01/2011) D. E. F. G. H. • J. K. L. M. N. 0. P. Q. R. S. T. U. • V. W. Hello