HomeMy WebLinkAbout20122988.tiff HEARING CERTIFICATION
DOCKET NO. 2012-79
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0044, FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR12-0044, FOR AN OIL AND GAS SUPPORT AND SERVICE
FACILITY (WATER HAULING) IN THE A (AGRICULTURAL) ZONE DISTRICT -
LEONARD AND JANYCE HARMS
A public hearing was conducted on October 31, 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, Tom Parko
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated September 28, 2012, and duly published
October 3, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Leonard and Janyce Harms, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0044, for an Oil and Gas Support and Service Facility (water
hauling) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this
a matter of record.
e Tom Parko, Department of Planning Services, presented a brief summary of the proposal,
surrounding land uses, and referral responses, and entered the favorable recommendation of
the Planning Commission into the record as written. He displayed an aerial map and
photographs of the site.
ID Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans, access, and improvements requirements for dust control and damage to County
roadways. She noted a water quality depression will not be required, and she addressed
questions from the Board regarding the process for improvements/maintenance when needed.
Commissioner Kirkmeyer requested Condition of Approval #1.C.6 be amended to include the
standard language which addresses the requirement for a Nonexclusive License Agreement.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions.
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HEARING CERTIFICATION - LEONARD AND JANYCE HARMS (USR12-0044)
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Janyce Harms, applicant, stated they have encountered long periods of inactivity at the
site and she requested a waiver of the portable toilets and bottled water requirements. She
confirmed she has set up trash removal service from her residence, and she questioned the
need for a double cattle guard on a roadway which is only used by the truckers and to access
their private residence. Ms. Hansen clarified staff will work with the applicant to determine the
most appropriate tracking control. Ms. Light agreed trash removal from the residence will be
sufficient.
le No public testimony was offered concerning this matter. In response to the applicant's
request, the Board agreed to modify Development Standard #11 to remove the requirement for
bottled water and to only require portable toilets when necessary, as well as allow service by an
out-of-state cleaner as long as the maintenance records are available. Following discussion, the
applicant confirmed they do not have a center pivot and criteria paragraph #1.F was modified to
delete the reference.
Chair Conway reviewed the proposed revisions for the record. Ms. Hansen proposed
language to be added to the end of criteria paragraph #1.C.6 to state, "East of CR 129, CR 136
is unmaintained County right-of-way. A Nonexclusive License Agreement is in place for this
section of road." and the Board concurred. Responding to Chair Conway, Ms. Harms stated
she has reviewed, and agrees to abide by, the Conditions of Approval and Development
Standards, as proposed and modified.
in Commissioner Garcia moved to approve the request of Leonard and Janyce Harms for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0044, for an Oil and
Gas Support and Service Facility (water hauling) 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
modifying criteria paragraph #2.F to remove the following from the last sentence, "coupled with
a center pivot for irrigation." amending Condition of Approval #1.C.6 to state, "East of CR 129,
CR 136 is unmaintained County right-of-way. A Nonexclusive License Agreement is in place for
this section of road.", and modifying Development Standard #11 to remove the reference to
drinking and bottled water and the need for a cleaner licensed in Weld County. The motion was
seconded by Commissioner Long, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:02 a.m.
2012-2988
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HEARING CERTIFICATION - LEONARD AND JANYCE HARMS (USR12-0044)
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This Certification was approved on the 5th day of November, 2012.
BOARD OF COUNTY COMMISSIONERS
�� y �, WELD COUNTY, COLORADO
�
ATTEST �s`a%o � 0Sity 4°A.J'cov • (Y .
Sean P. Con y, Chair
Weld County Clerk to the Boar �,;\
� S's
;c : Wil iam F. ar fa, ro em
BY: it' ,
De uty Clei t the a6 .h 1 L. : " Xi- ,�
4 i arbara Kirkmeyer 1115% '�^�� Ld E. L_
Douglas Rademacher
2012-2988
PL2189
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