HomeMy WebLinkAbout20110540.tiff HEARING CERTIFICATION
DOCKET NO. 2011-07
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1764 FOR AN OIL AND GAS SUPPORT AND SERVICE (INCLUDING
PARKING AND MAINTENANCE FOR A TANK SERVICE COMPANY) IN THE
A (AGRICULTURAL) ZONE DISTRICT- RODNEY AND KAREN STEELY
A public hearing was conducted on February 9, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
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 December 10, 2010, and duly published
December 15, 2010, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Rodney and Karen Steely, for a Site Specific Development Plan and Use by Special
Review (USR) Permit #1764 for an Oil and Gas Support and Service (including parking and
maintenance for a tank service company, along with a field office) in the A (Agricultural) Zone
District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated as a result of the review process, the proposal has been scaled back from
the original application and will now operate with four (4) trucks to be parked on the site and no
field office. He stated the application was submitted in an effort to correct a zoning violation for
operating without the proper zoning permits. If approved, the violation case will be dismissed;
however, if denied, the case will be forwarded to the County Attorney's Office with instruction to
delay legal action for thirty (30) days to allow the owner time to remove the use from the site.
Mr. Gathman stated the property is located within an agricultural area, the nearest residence is
approximately 200 feet east of the site, and there are also residences approximately 1,000 feet
both to the west and east of the property. He indicated the subject site shares an access with a
neighboring landscape business (permitted under USR-1526), and that property owner has
provided a letter of support. He stated eleven (11) referral agencies reviewed the proposal;
six (6) responded indicating no conflict with their interests, or provided comments which have
been addressed in the Conditions of Approval and Development Standards. He further stated
the site is located within the three-mile referral area for the Town of Eaton and the City of
Greeley; however, staff did not receive a response from either municipality, although they did
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receive two (2) letters of support from neighboring property owners. In response to
Commissioner Rademacher, Mr. Gathman stated the property to the east contains a single
family dwelling unit, it does not involve a USR permit, and the applicant has indicated the owner
provided a letter of support. He also displayed photographs of the site and surrounding
properties.
Heidi Hansen, Department of Public Works, stated the property is accessed from State
Highway 392, which is under the jurisdiction of the Colorado Department of Transportation
(CDOT). She stated CDOT has authorized a new access permit; therefore, Condition of
Approval #1.F has been met. She reiterated the applicants are utilizing a shared access and
the adjoining neighbor is in support of this proposal. Ms. Hansen indicated staff is requiring a
water quality depression, the applicant has submitted a design which staff deemed acceptable,
and it will need to be reflected on the plat prior to recording.
Mary Evett, Department of Public Health and Environment, stated there is an existing septic
system for the five (5) bedroom home, which is adequate to serve up to ten (10) people, and the
property receives water service from the North Weld County Water District. She stated the
application indicates employees and drivers will be entering the site daily, and if the restroom in
the home is used for employees and drivers, in excess of ten (10) people, the applicants will be
required to obtain an engineer's review of the septic system. Ms. Evett stated the Dust
Abatement and Waste Handling Plans will address the cleanup and disposal of any chemicals
resulting from minor vehicle repairs. She further stated Development Standard #9 requires the
site to comply with noise levels allowed in the Non-specified Zone District, and the remaining
items are all standard health requirements.
Rodney Steely, applicant, stated the property to the east is strictly a residential use, and he has
a good working relationship with the neighbor to the north as well. He explained they only
conduct minor equipment repairs, so there will be no problems with contamination or drainage;
they contract with a trash company for waste disposal; and there are no restrooms at the shop,
although it is designed for a restroom addition in the future, if needed. Mr. Steely indicated
there are four (4) bathrooms in the house, and although he own(s)/operate(s) twenty-four (24)
trucks, they are scattered at various work sites. In response to Commissioner Rademacher,
Mr. Steely stated there are four (4) employees who come to the site; however, they do not work
there full-time, and the proposed operation complies with the septic system capacity to serve
ten (10) people. Mr. Gathman suggested adding a Development Standard concerning the
four (4) employees who come to the site; however, Chair Kirkmeyer commented additional
language is not necessary, as the use is controlled by the septic system capacity. Responding
to Commissioner Rademacher, Mr. Gathman stated the standard language concerning the
number of employees was intentionally omitted, since there will be no field office or full time
employees. In response to Chair Kirkmeyer, Mr. Gathman stated Development Standard #4
reflects the amount of tanker trucks indicated in the application materials. Chair Kirkmeyer
commented the photographs of the site depicted sufficient landscaping, and she added the
screening requirement is not really necessary.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Mr. Steely stated he does not want to install a security fence, and the Planning Commission
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agreed, since it would require the removal of mature trees and diminish the appearance of the
site. He further stated it is easier to maintain and secure the site with his dogs, and his
neighbors are in agreement. Chair Kirkmeyer and Commissioner Rademacher agreed that
large trucks are difficult to screen, although the existing tree line should be sufficient, and if the
number of trucks is limited, then they are willing to remove the screening requirement.
Mr. Steely stated the outdoor storage is limited to trucks and tankers, which are mostly empty,
and this facility is also set up to serve as a temporary storage site in the event of a terrorist
incident. In response to Commissioner Rademacher, Mr. Steely stated he currently owns
five (5) acres; however, he would like to purchase more land to the east if it becomes available.
Responding to Commissioner Conway, Mr. Steely indicated the trucks will be parked along both
sides of the building and there is also the potential to park fifteen (15) trucks along the northern
property line. Chair Kirkmeyer suggested eliminating the screening requirement, with the
understanding that if, in the future, the applicant initiates outside storage, it will need to be
screened, and then modify Development Standard #4 to increase the number of trucks from
six (6) to eight (8) to encourage future business growth. Commissioner Garcia commended
staff for including the previously requested modification of Development Standard #23 to specify
necessary staff who are allowed to enter the site.
In response to Commissioner Kirkmeyer, Mr. Steely stated he has reviewed, and concurs with,
the Conditions of Approval and Development Standards, as proposed and modified. In
response to Chair Kirkmeyer, Mr. Gathman stated the title of "maintenance" does include the
minor repairs anticipated for the trucks. In response to Commissioner Long, Mr. Gathman
agreed the phrase, "along with a field office," should be removed from the title of the requested
use.
Commissioner Long moved to approve the request of Rodney and Karen Steely for a Site
Specific Development Plan and Use by Special Review Permit #1764 for an Oil and Gas
Support and Service (including parking and maintenance for a tank service company) 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 also included removing the phrase "along with a field office" from the
requested use, eliminating the screening requirement throughout, with the understanding that
any future outdoor storage would need to be screened (specifically, deleting the last sentence of
criteria of approval #2.a, modifying the last sentence of criteria #2.c, and deleting Conditions of
Approval #1.H and #1.1.6), and amending criteria paragraph #2.c and Development Standard #4
to increase the number of tanker trucks allowed to parked on the site from six (6) to eight (8).
The motion was seconded by Commissioner Conway, and it carried unanimously. Chair
Kirkmeyer clarified, for the record, that "maintenance" for the truck service company does
include repairs on the equipment associated with the company. There being no further
discussion, the hearing was completed at 10:30 a.m.
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This Certification was approved on the 14th day of February, 2011.
BOARD OF COUNTY COMMISSIONERS
E WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkme er, Chair
Weld County Clerk t' t
®�>: �`j1 Sean P C way, Pro-Tern
BY:
Deputy Clerk to the Boar:
Wi m F. arcia
David . Long
ougla Rade a her
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1764 - RODNEY AND KAREN STEELY
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 1/4/2011)
D. Planning Staff/Applicant Certification of Mineral Notice
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