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Home My WebLink About20122439.tiff HEARING CERTIFICATION DOCKET NO. 2012-63 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0030, FOR AN OIL AND GAS SUPPORT FACILITY (ROUST-A-BOUT AND EXCAVATING SERVICE) IN THE A (AGRICULTURAL) ZONE DISTRICT — ALEX PLATT A public hearing was conducted on September 12, 2012, at 10:00 a.m., with the following present: Commissioner Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem Commissioner Barbara Kirkmeyer - EXCUSED Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Kim Ogle Public Works representative, Heidi Hansen Health Department representative, Mary Evett The following business was transacted: ID 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 to consider the request of Alex Platt, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0030, for an Oil and Gas Support Facility (roust-a-bout and excavating service) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. ID Chair Conway advised Alex Platt, applicant, 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 Kirkmeyer will listen to the record and make the determining vote. Mr. Platt indicated he would like to proceed today. e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and location of the site. He explained the property is currently in Violation for operating without the necessary zoning permits and there is an active case in District Court, which provided stipulations concerning this case. He further stated staff received one letter of concern from a neighbor and the applicant constructed a fence on the eastern property line to address the concerns. Mr. Ogle entered the favorable recommendation of the Planning Commission into the record as written, reviewed the referral responses, and answered questions from the Board. El Heidi Hansen, Department of Public Works, provided a brief overview of the transportation plans, water quality feature, off-street parking, and weed control requirements. cc.' LW Az, /c9ui 2012-2439 //-5-- (2©/2 PL2180 HEARING CERTIFICATION -ALEX PLATT (USR12-0030) PAGE 2 e Mary Evett, Department of Public Health and Environment, reviewed the water and sewer provisions, which include bottled water and portable toilets since there will be no on-site employees; just drivers picking up and dropping off equipment. She also reviewed the Spill Prevention and Control, Dust Abatement, and Waste Handling Plans for the record. e Mr. Platt stated staff adequately presented the case and he was available to answer questions. e No public testimony was offered concerning this matter. e In response to Chair Conway, Mr. Platt stated the fuel tanks are not for the business, rather, they are for his personal use. Ms. Evett indicated if the tanks are for personal use, the applicant is not required to register them with the State; however, he still needs to submit a spill plan, due to the size being greater than 660 gallons, to address EPA requirements. e In response to Commissioner Rademacher, Mr. Ogle explained the 25 employees are drivers who are temporarily at the site. Following discussion, the Board agreed to retain Development Standard #28 limiting the site to 25 employees, and deleting Development Standard #29 regarding the distinction of on-site employees. Ms. Hansen and Ms. Evett concurred with retaining the number of employees, and indicated there are other Development Standards to address the potential for on-site employees. Mr. Platt clarified he currently operates with 15 employees; however, he requested up to 25 for flexibility in the future. The Board also agreed to amend Development Standard #30 to change the word "will" to "may" if certain buildings do not require building permits. El In response to Mr. Yatabe, Mr. Ogle indicated Conditions of Approval #2 and #4 should be modified to replace the standard 120-day recording requirement with the court specified date of December 20, 2012. e Responding to Chair Conway, Mr. Platt stated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as proposed and modified El Commissioner Garcia commended the applicant for proactively addressing the concerns of the neighbor to the east and he moved to approve the request of Alex Platt for a Site Specific Development Plan and Use by Special Review Permit, USR12-0032, for an Oil and Gas Support Facility (roust-a-bout and excavating service) 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 amending Conditions of Approval #2 and #4 to require the plat be submitted for recording by December 20, 2012, per the Court Stipulation; delete Development Standard #29; and amend Development Standard #30 to replace the word "will" with "may". The motion was seconded by Commissioner Long, and it carried unanimously. There being no further discussion, the hearing was completed at 10:28 a.m. 2012-2439 PL2180 HEARING CERTIFICATION -ALEX PLATT (USR12-0030) PAGE 3 This Certification was approved on the 17th day of September, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST j. Sean P. Cones; , Chair Weld County Clerk to the BiT + E LO / G/ ni .am F Garcia, ro-Tem BY: i t �i8 I °kV Deputy Clerk to the Bo•l,. 'a F �XCUSED �® �''. Basra Kirkmeyer E. 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