The URL can be used to link to this page

Browse Search

Home My WebLink About20113351.tiff HEARING CERTIFICATION DOCKET NO. 2011-70 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR11-0002, FOR OIL AND GAS SUPPORT AND SERVICE (ON-SITE STORAGE/STAGING OF WORK VEHICLES, TRAILERS, EQUIPMENT AND SUPPLIES FOR SERVICING OIL AND GAS) IN THE A (AGRICULTURAL) ZONE DISTRICT- ROBERT DEVOE A public hearing was conducted on December 14, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem - EXCUSED Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Chris Gathman Health Department representative, Mary Evett 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 to consider the request of Robert Devoe, for a Site Specific Development Plan and Use by Special Review Permit, USR11-0002, for Oil and Gas Support and Service (on-site storage/staging of work vehicles, trailers, equipment and supplies for servicing oil and gas) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. Chair Kirkmeyer advised Robert Devoe, applicant, and his representative, Christina Marquez, that they have the option of continuing this matter to a date when the full Board will be present. However, if they decide to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Conway will listen to the record and make the determining vote. Mr. Devoe indicated he would like to proceed today. Chris Gathman, 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 and surrounding land uses. He stated the case was initiated as a result of a Violation and, if denied, staff recommends the matter be forwarded to the County Attorney's Office, with instruction to delay legal action for 30 days to allow the applicant time to remove all of the commercial storage operations. He reviewed the surrounding land uses and indicated five of the eight referral agencies responded with comments which have been addressed in the Conditions of Approval and Development Standards. Mr. Gathman stated the applicant submitted a Lighting Plan, as well as a Screening Plan, with updates, prior to today's hearing. The plan indicates screening on the east, south, and west sides of the Q .. PL ) PW, AL LA 2011-3351 I 3�1 -1a PL2137 HEARING CERTIFICATION - ROBERT DEVOE (USR11-0002) PAGE 2 property with opaque fencing; the Development Standards address noise, the number of employees, and the hours of operation, as reflected in the application materials; and he displayed an aerial map and photographs of the site and surrounding area. In response to Commissioner Rademacher, Mr. Gathman stated there is an injection well to the west, residences to the south, a feedlot to the southwest, and a pallet business to the northwest; screening to the east is not an issue. Heidi Hansen, Department of Public Works, stated County Road 53 is a paved collector roadway requiring 80 feet of right-of-way and has an average daily traffic count, taken in March, 2010, of approximately 1,054 vehicles. She stated the site will use the existing access from County Road 46, which is a local gravel road with 60 feet of right-of-way and an average daily traffic count of approximately 84 vehicles, taken in August, 2008. Ms. Hansen stated dust and traffic should not be an issue since the site is so close to paved County Road 53, with no homes in between. She further stated the applicant did provide a stormwater quality depression and they have been diligently working to meet the requirements. Mary Evett, Department of Public Health and Environment, stated the existing residence is served by a septic system; however, since the time of application, the applicant no longer resides at the site and the building will be used for employees. She stated the revised evaluation found the system to still be adequate for up to 12 employees working at the site; therefore, Condition of Approval #3 has been met and may be deleted. She further stated water will be provided by the Central Weld County Water District, the applicant has submitted Dust Abatement and Waste Handling Plans, and oil from minor maintenance work will be hauled to a disposal site Robert "Shaun" Devoe, applicant, indicated the location of the existing screening/fencing and stated if more is required he is willing to comply, weather permitting. He stated he has a good working relationship with his neighbors, and noted the area to the south was vacant when he moved in. In response to Commissioner Garcia, Mr. Devoe stated he could foresee growing to 25 employees. Ms. Hansen stated over 25 employees would start to create road impacts; however, Mr. Devoe clarified the employees are not at the site full-time and he is willing to apply magnesium chloride for dust control. Ms. Hansen stated an Improvements Agreement is required prior to recording the plat; however, at the Board's direction, and at a certain employee level, the applicant can be required to apply off-site dust control two to five times per year, as determined by the Department of Public Works. The On-site dust control plan is submitted and monitored by the Department of Public Health and Environment. Chair Kirkmeyer clarified if others have an improvements agreement for the same portion of roadway, there may be the potential for proportional sharing of the costs. The Board discussed whether to modify Development Standard #4 to extend the operating hours or delete it entirely. In response to Commissioner Rademacher, Ms. Evett confirmed the "Non-specified Zone" referenced in Development Standard #10 is comparable to the Agricultural Zone and the Board agreed to impose the Agricultural noise level. Chair Kirkmeyer reviewed the surrounding land uses and gave direction to staff that the applicant be required to screen the site from adjacent residences along the southern property line. 2011-3351 PL2137 HEARING CERTIFICATION - ROBERT DEVOE (USR11-0002) PAGE 3 No public testimony was offered concerning this matter. Mr. Devoe inquired whether a letter from the neighbor waiving the fencing requirement would be sufficient for staff to eliminate the requirement, and the Board concurred in the absence of a letter, the screening referenced in Condition of Approval #1.G is to be limited. Chair Kirkmeyer reviewed the proposed changes to the Resolution for the record. In response to Chair Kirkmeyer, Mr. Devoe 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 Robert Devoe for a Site Specific Development Plan and Use by Special Review Permit, USR11-0002, for Oil and Gas Support and Service (on-site storage/staging of work vehicles, trailers, equipment and supplies for servicing oil and gas) 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 instruction regarding Condition of Approval #1.G and Development Standard #28, to take a letter from the adjacent property owner into consideration when determining the amount of screening to be required, deleting Conditions #1.H and #5 because the Lighting Plan requirement has been satisfied, deleting the existing Condition #3 regarding the septic system and replacing it with new language requiring an Improvements Agreement with the trigger that after 25 employees the applicant will be required to apply dust control on County Road 46, amending Development Standard #3 to allow up to forty (40) employees, deleting Development #4 regarding the hours of operation, modifying Development Standard #10 to replace "Non-specified" with "Agricultural" for noise standards, and renumbering or re-lettering as appropriate. In response to Commissioner Rademacher, Ms. Hansen clarified the dust control would be from the access to the nearest paved road, which is County Road 53. The motion was seconded by Commissioner Garcia, and it carried unanimously. (Clerk's Note: Condition #5 was met with the submission of the Lighting Plan and was deleted; however, Condition #1.H was retained to ensure the Lighting Plan is included on the plat. Additionally, following the hearing, staff provided language for Condition #3 to state, "The applicant shall enter into an Improvements and Road Maintenance Agreement regarding dust control on County Road 46 from the site entrance to County Road 53. The agreement shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the USR plat.") There being no further discussion, the hearing was completed at 11:35 a.m. 2011-3351 PL2137 HEARING CERTIFICATION - ROBERT DEVOE (USR11-0002) PAGE 4 This Certification was approved on the 19th day of December, 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY?COLORADO , ATTEST:�ie arbara Kirkmeyer, Chair Weld County Clerk to the Board EXCUSED Sean P. Co y, Pro-Tem N BYDeputy CI k to the Board � rt\� EL Will . Garcia 0. d' '$ `+avid E. Long iii rtar • ® ' 'ougl. Rademach'r ent) 2011-3351 PL2137 D- J J / 3 � 0 Z 0 o R CL ILI k © Z k � /as o ....- cc s O 0 a \ / z © % _co [ 0 f § p R « X k \ \ / Cl) O B } an E r \ C 0 _ � W 0 2 p & cew - J § Cl) 2 CO 0 ® \c 2 L § uj o / _ 1 O w 2 ) X a a. EXHIBIT INVENTORY CONTROL SHEET Case USR11-0002 - ROBERT DEVOE 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) E-mail with Screening and Lighting Proposal attached, D. Planning Staff dated 12/14/2011 E-mail with Updated Landscape/Screening Plan E. Planning Staff attached, dated 12/14/2011 F. CTB E-mail with proposed language, dated 1/13/2012 G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Hello